0008?
3
65.The records before this Court indicate that the incident that led to the arrest of the
Applicants happened on 31"t December 2001. Following their arrest, the Applicants
were subsequently charged and convicted of robbery with violence pursuant to
Sections 285 and 286 of the Penal Code as amended by Act No. 10 of 1989.
66. The Court notes that the penalty
for robbery with violence carries a similar punishment
as armed robbery in the laws of the Respondent State, which according to Section 5
(b) of the Minimum Sentences Act of 1972, as amended by the 1994 Written Laws
Amendment, is a minimum of thirty (30) years' imprisonment. The Court has affirmed
this in Mohamed Abubakari v United Republic of Tanzanialo and Chistopher Jonas v
United Republic of Tanzania, where it stated that "thirty years has been in the United
Republic of Tanzania, the minimum punishment applicable for the offence of armed
robbery since 1994".11
67.|t follows that the Applicants were convicted on the basis of legislation which was in
force on the date of commission of the crime, that is, 31st December 2001, and the
punishment imposed on them was also prescribed in a law which was enacted prior
to the commission of the crime, that is, the Minimum Sentences Act 1972 as amended
by Act No. 10 of 1989 and Act No. 6 of 1994.
68.The Applicants' allegation that their conviction and punishment violates the Charter
thus lacks merit.
69.
10
11
The Court therefore finds that there was no violation of Article 7 (2) of the Charter
Mohamed Abubakai v Tanzania (merits) (2016) 1 AfCLR Sgg S 210
Christopher Jonas v. Tanzanla (Merits) g 85.
17