209. In the instant case, the law applicable at the time of the offence (armed robbery),
that is April 1997, is the Tanzanian Penal Code and the Minimum Sentences Act of 1972
as amended in 1989 and then in
1994.
210. It follows from Section 286 of this Penal Code that a person
convicted of armed
robbery is liable to a penalty of imprisonment for life, with or without corporal punishment.
It also follows from Section 5 (b) of the Minimum Sentences Act that the minimum sanction
for this offence is thirty years in prison. These provisions, read together, show that the
applicable
penalty for armed
robbery was
clearly a thirty (30) year minimum
prison
sentence.
211.
Furthermore,
the High Court judgment of 1 June
1999 recounts that the penalty
imposed in this case is the minimum set by law for convicted offenders.
212.
Moreover,
it follows from
the records
that Act
No.
4 of 2004,
which
the Court of
Appeal could have applied in its judgment of 5 October 2004 did not amend the sentence
applicable to armed robbery.
213.
For
all the foregoing
reasons,
in pronouncing
and
upholding
the
thirty years
imprisonment sentence against the Applicant in the instant case, the Tanzanian national
courts have not violated the principle of non-retroactivity of penalties.
L)
The
allegation
that
the
Judgment
of
the
District
Court
[1997]
was
not
pronounced in open court
214. In his Application, the Applicant claims that the Court Judgment by which he was
sentenced in 1998, was not pronounced in public, in contravention of Section 311 of the
Criminal Procedure Act.
kkEs
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S &
A
O°
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