204. At the Public Hearing, the Respondent State explained that in 1994 the Parliament
by Law No. 6 of 1994 amended
minimum
Section
5 of the Minimum
Sentence Act by setting a
sentence of thirty years in jail for the offence of armed robbery, and that that
sentence was applied to the instant case, even though the penalty provided by Section
286 of the Penal Code was life imprisonment.
205. On the Judgment setting aside the thirty year prison sentence in the case of Alfayo
Michael Shemwilu
and Ramadhani
Shekiondo
v. The Republic cited by the Applicant
(supra, para 201), the Respondent State’s representative argued that that was a decision
of the High Court [Criminal Revision
No. 2 of 2013], but that the Court of Appeal,
in
contrast, ruled in the case of William R. Gerrison v. Republic that a sentence of thirty
years imprisonment was appropriate for the crime of armed robbery [Criminal Appeal No.
69 of 2004.
206. At the same Public Hearing, the Respondent State’s representative reiterated that it
is Act No. 6 of 1994 which provides for the thirty years minimum sentence for the offence
of armed robbery that was applied to the Applicant in 1997. It further argued that Act
No. 4 of 2004 entered into force by virtue of Government Notice No. 269 of 2004 which
simply clarified that armed robbery is deemed to have occurred where the accused is in
possession of dangerous weapons.
207. The Court notes that the only relevant question in contention here is whether the
penalty to which the Applicant was sentenced in 1998 and upheld in 1999 and 2004 was
not provided by the law.
208.
According to Article 7(2) of the Charter:
“No penalty may be inflicted for an offence for which no provision was made at the time it
was committed.”
. Ne
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