Faruku Mushenga versus The Republic

Faruku Mushenga versus The Republic; Criminal Appeal No. 356 of 2014: Court of Appeal of Tanzania at Bukoba (Unreported).

• Criminal Procedure

• Sentencing – whether the words ‘shall be liable to’ means imposition of the stated penalty.

Held:-

The words “shall be liable to” do not in their ordinary meaning require the imposition of the stated but merely express the stated penalty which may be   imposed at the discretion of the Court. In other words, they are not mandatory but provide a maximum sentence only and while the liability existed, the Court might not see fit to impose it.