R. v. TAHER ALI GAIKWAD (1972) HCD 27

Crim. Case 6-1-71; 31/12/71

Mwakasendo Ag. J.

The accused was convicted by the District Court of Dar es Salaam on his own plea of guilty to two offences c/ss 22(1) (d) (iii) and paragraph (i) of part 11 of the Fifth Schedule To the Exchange Control Ordinance. The accused was committed to the High Court for sentence.

HELD:
(1) “As this Court has stated more than once in recent weeks, offences relating to the Exchange Control are ever on the increase and this trend is bound to continue unless and until the Courts become conscious of their detrimental effects on the county’s well-being and reflect this consciousness in the type of sentences they impose on all those found guilty of their contravention … I have carefully considered the circumstances in this case including the fact that the accused is a highly educated man who knew exactly the effects of his actions upon the well-being of this country and I have reached the conclusion that this is a proper case where a deterrent sentence is called for.”

 (2) The accused was sentenced to six months and four months imprisonment on the two counts, the sentences to run concurrently.