republic vs daudi msuya shangwel 2006 tzhc 217 18 july 2006

republic vs daudi msuya shangwel 2006 tzhc 217 18 july 2006

The accused, having pleaded guilty to manslaughter and admitted the facts, is convicted under section 195 of the Penal Code. The court considered both aggravating and mitigating factors, including the accused's first offender status, time in remand, family responsibilities, and remorse, but determined a custodial sentence was necessary to meet the justice of the case.

Citation
republic vs daudi msuya shangwel 2006 tzhc 217 18 july 2006
Parties
Prosecution: The Republic; Accused: Daudi Msuyia Shangwela
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 July 2006
Procedural Posture
Criminal Session Case / Sentencing After Plea of Guilty to Manslaughter
Outcome
Convicted on plea of guilty to manslaughter under section 195 of the Penal Code.
Legal Topics
Manslaughter, Sentencing, Plea Bargaining
Source Language
English
Criminal Law Manslaughter Sentencing Plea Bargaining

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Parties

The Republic

Prosecution

Daudi Msuyia Shangwela

Accused

Procedural Posture

Criminal Session Case / Sentencing After Plea of Guilty to Manslaughter

Legal Issues

  1. 1 Whether the accused is guilty of manslaughter under section 195 of the Penal Code
  2. 2 Appropriate sentence for the offence considering mitigating and aggravating factors

Ratio Decidendi

The accused, having pleaded guilty to manslaughter and admitted the facts, is convicted under section 195 of the Penal Code. The court considered both aggravating and mitigating factors, including the accused's first offender status, time in remand, family responsibilities, and remorse, but determined a custodial sentence was necessary to meet the justice of the case.

Court Disposition

Convicted on plea of guilty to manslaughter under section 195 of the Penal Code.

Orders

  • Accused sentenced to four (4) years and six (6) months imprisonment.