19720804 TZHC Arusha2

19720804 TZHC Arusha2

The sentence of shs. 600/- was manifestly excessive given the thin evidence and the need to consider only the present offence and admitted previous conviction. The sentence was reduced to shs. 200/- or two months imprisonment in default.

Citation
19720804 TZHC Arusha2
Parties
Appellant: John s/o Masawe; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 August 1972
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
Sentence reduced
Legal Topics
Sentencing, Creating Disturbance, Appeal Against Sentence
Source Language
English
Criminal Law Sentencing Creating Disturbance Appeal Against Sentence

Case Brief

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Parties

John s/o Masawe

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed for creating a disturbance was manifestly excessive

Ratio Decidendi

The sentence of shs. 600/- was manifestly excessive given the thin evidence and the need to consider only the present offence and admitted previous conviction. The sentence was reduced to shs. 200/- or two months imprisonment in default.

Court Disposition

Sentence reduced

Orders

  • Sentence of shs. 600/- set aside and substituted with a fine of shs. 200/- or two months imprisonment in default.
  • Difference of shs. 400/- to be refunded to the appellant.