republic vs elvans so cyprian luvundu 2005 tzhc 171 15 april 2005

republic vs elvans so cyprian luvundu 2005 tzhc 171 15 april 2005

The accused unlawfully killed the deceased by strangulation in the course of domestic violence, and drunkenness is not a valid excuse. The seriousness of domestic violence and the need for deterrence outweigh mitigating factors, warranting a severe sentence.

Citation
republic vs elvans so cyprian luvundu 2005 tzhc 171 15 april 2005
Parties
Prosecution: Republic; Accused: Elyan s/o Cyprian Luvindu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 April 2005
Procedural Posture
Criminal Sessions Case / Conviction and Sentencing Upon Plea of Guilty
Outcome
Convicted on plea of guilty; sentenced to imprisonment for twenty years.
Legal Topics
Manslaughter, Domestic Violence, Sentencing, Plea Bargain
Source Language
English
Criminal Law Manslaughter Domestic Violence Sentencing Plea Bargain

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Parties

Republic

Prosecution

Elyan s/o Cyprian Luvindu

Accused

Procedural Posture

Criminal Sessions Case / Conviction and Sentencing Upon Plea of Guilty

Legal Issues

  1. 1 Whether the accused unlawfully killed the deceased constituting manslaughter
  2. 2 Appropriate sentence for manslaughter committed in the context of domestic violence

Ratio Decidendi

The accused unlawfully killed the deceased by strangulation in the course of domestic violence, and drunkenness is not a valid excuse. The seriousness of domestic violence and the need for deterrence outweigh mitigating factors, warranting a severe sentence.

Court Disposition

Convicted on plea of guilty; sentenced to imprisonment for twenty years.

Orders

  • Accused convicted of manslaughter under section 195 of the Penal Code.
  • Accused sentenced to twenty years imprisonment.