Rubama, J: Mohamedi Antoni was convicted of two offences: first failing to display third party insurance certificate c/s 114(1) of the Road Traffic Act No. 30 of 1973 and secondly, failing to carry registration card in the motor vehicle c/s 13(1) and (2) of the Traffic Act, 1973. D
The learned trial magistrate in sentencing the accused used the following words:
Accused is condemned to a fine of shs. 200/= for each count or 4 months imprisonment in default. E
The imposed sentence is illegal - and on two grounds. Firstly it breaches s.29(iv) of the Penal Code. The prison sentence in default of payment of shs. 200/= fine should have been two months and not four months. Secondly, prison terms in default of fines are not F served concurrently. They are served consecutively. The trial magistrate should thus have stated in passing sentence that the four months imprisonment in default of fine was in respect of fine imposed for each offence. G
As the prison sentence imposed in default of payment of fines was illegal, it is hereby set aside.
It is ordered that the sentence be amended to read:
Accused is fined Shs 200/= fine in respect of each count or suffer two months imprisonment in H default in respect of each count.
The record is to be returned to District Court, Lindi for custody.
I Appeal allowed.
A
