the special right to free legal assistance where the offence is serious
and
punishment prescribed by law severe".e
78.ln the instant case, the Applicant being in the same situation as described
above, the Court holds that the Respondent should have offered him, propio
motu and free of charge, the services of a lawyer throughout the judicial
procedure. Having failed to do so, the Respondent violated Article 7 (1) (c) of
the Charter.
C) The allegation that the thirty (30) year prison senfence was not in
force at the time the robhery occurred
79.|n the Application, it is argued that the thirty (30) year custodial sentence
imposed on the Applicant by the national courts was not in force at the time
the alleged robbery with violence was committed; that Sections 285 and
2BG
of the Penal Code prescribed a maximum sentence of fifteen (15) years; that
the thirty (30) year prison sentence came into force only in 2004, following
decree No. 269 of 2004, as amended, which became Section 287 A of the
Penal Code.
80.The Applicant therefore submits, from the foregoing, that the national courts
violated Articles 13(b) (c) of the 1997 Constitution of the United Republic of
Tanzania as well as Articles
1,2,3,4,
5, 6, 7(1) (c) and 7(2) of the Charter.
81.The Respondent refutes the Applicant's allegations in their entirety. lt
contends that
in Criminal Case No. 42412002, the Applicant had been
accused of armed robbery which is contrary to Sections 285 and 286 of the
Penal Code, Chapter 16 of the Laws of Tanzania; that at the time of
conviction and determination of the punishment, the Minimum Sentence Act
of 1972 was in force, that, that Act was amended in 1994 by the
s
Judgment of 3 June 2016, paragraph 139. See also AIex Thomas vs
Tanzania, Judgment of 20 November 2015, paragraph 124.
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