Joseph Lazaro and 2 Others versus The Republic; Criminal Appeal No. 118 of 2014; Court of Appeal of Tanzania at Mwanza (Unreported).
- Criminal Procedure
- Conviction – failure by trial Court to enter a conviction – effect.
- Juvenile Court – whether all criminal charges against children should be tried by juvenile court.
- Sentencing – whether a child can be sentenced to imprisonment.
Held:-
(i) Failure by a trial court to enter a conviction invalidates the judgment.
(ii) The law of the child applies to all trials relating to a child to the effect that a juvenile court has jurisdiction to hear and determine all criminal charges against a child. Its procedure is prescribed under section 99 of the Law of the Child Act. The conditions governing trials of juveniles include, among others, that the proceedings be held in camera, in the presence of a social welfare officer, and the right of a parent or guardian to be present.
(iii) A child shall not be sentenced to imprisonment. The only permissible punishments on a convicted child are a discharge, a repatriation order, a custody order to a fit person or institution or committal to an approved school.