aneth daniel vs republic 2019 tzhc 2158 16 october 2019

aneth daniel vs republic 2019 tzhc 2158 16 october 2019

The sentence of five years imprisonment was excessive for a first offender who pleaded guilty; having served more than a year, the applicant's punishment was sufficient and warranted immediate release.

Citation
aneth daniel vs republic 2019 tzhc 2158 16 october 2019
Parties
Applicant: Aneth D/o Daniel; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 October 2019
Procedural Posture
Criminal Revision / Judgment
Outcome
sentence substituted
Legal Topics
Sentencing, Child Stealing, Plea of Guilty, First Offender Treatment
Source Language
English

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Parties

Aneth D/o Daniel

Applicant

The Republic

Respondent

Procedural Posture

Criminal Revision / Judgment

  1. 1 Whether the sentence of five years imprisonment for a first offender who pleaded guilty to child stealing is excessive and proper

Ratio Decidendi

The sentence of five years imprisonment was excessive for a first offender who pleaded guilty; having served more than a year, the applicant's punishment was sufficient and warranted immediate release.

Court Disposition

sentence substituted

Orders

  • Applicant to be released immediately unless otherwise lawfully held for another cause