Automated Summary
Key Facts
Samwel Masa Koronya was convicted of three offenses: unlawful entry into a National Park, unlawful possession of a weapon in the National Park, and unlawful possession of Government trophies. He received fines of Tshs. 20,000/= and Tshs. 50,000/= (or imprisonment) for the first two counts, and a 20-year imprisonment sentence for the third. The appellant lodged a criminal appeal (No. 22 of 2020) after receiving his judgment on 7/12/2019. The appeal was filed on 3/2/2020, exceeding the 45-day deadline under Section 361 (1) (b) of the Criminal Procedure Act. The court ruled the appeal out of time, citing no valid justification for the delay, and struck it out while advising the appellant to apply for an extension.
Issues
The primary issue was whether the appeal was filed within the 45-day period mandated by Section 361 (1) (b) of the Criminal Procedure Act. The appellant received the judgment on 7/12/2019 but filed the appeal on 3/2/2020, exceeding the time limit. The court concluded that the appeal was out of time, noting administrative delays and ignorance of the law do not justify late filing, and struck the appeal out.
Holdings
The court determined that the appeal was filed out of time as required by Section 361 (1) (b) of the Criminal Procedure Act. The appeal was struck out due to exceeding the 45-day deadline for filing after receiving the judgment. The court emphasized that administrative delays and ignorance of the law do not justify filing an appeal beyond the prescribed time limit.
Remedies
The Court has determined that the appeal was filed beyond the 45-day period prescribed by law and has struck it out. The appellant is advised to apply for an extension of time to file an appeal.
Legal Principles
The court applied the Rule of Law by adhering to the time limit for filing appeals as specified in Section 361 (1) (b) of the Criminal Procedure Act, striking out the appeal filed beyond the 45-day period required by law. The ruling emphasized that administrative issues and ignorance of the law do not justify non-compliance with statutory deadlines.
Cited Statute
Criminal Procedure Act (Cap 20, R.E. 2002)
Judge Name
E. S. Kisanya
Passage Text
- In view thereof, I am in agreement with Mr. Temba that, this appeal has been filed out of time. The Court has no mandate to determine an appeal filed out of time prescribed by the law. For that reason, this appeal is hereby struck out. The appellant is advised to apply for extension of time to file appeal.
- The time for filing petition is provided for under Section 361 (1) (b) of the Criminal Procedure Act. The appellant is required to file his appeal within 45 days from the date of judgement, conviction, sentence or order. The time starts to run after obtaining copy of judgement or proceedings.