Tanzania Judgment

TZCA

19851120 TZCA Dar es Salaam

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Professional case brief

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Source document

01

Holding and result

Although the sentence was on the high side, it was not manifestly excessive or wrong in principle, and the appellate court should not interfere with the trial judge's discretion.

Court disposition

appeal dismissed

Orders

  • appeal dismissed in its entirety

02

Material facts

Parties

Appellant

Appellant Counsel: Mr. K. Kahiatwa

The Republic

Respondent Counsel: Mr. Mtaki

Amounts and remedies

  • Sentence: 6
  • Pre Sentence Custody (years): 3

03

Procedural history

  1. Posture

    Criminal Appeal / Appeal From Conviction and Sentence

04

Questions and positions

Legal issues

Whether the sentence of 6 years imprisonment for manslaughter was manifestly excessive

Party arguments

Applicant
The sentence was unduly excessive; the appellant had no previous convictions, the deceased was the aggressor and had injured the appellant, and the appellant had already been in custody for about 3 years before sentencing.
Respondent
The appellant used a knife while the deceased was unarmed; the trial judge considered all relevant circumstances before imposing sentence.

05

Court’s reasoning

  1. 01

    general sentencing jurisprudence

    Appellate courts should not interfere with the discretion of the trial judge in sentencing unless the sentence is manifestly excessive or wrong in principle.

06

Ratio, limits and disposition

Ratio decidendi

Although the sentence was on the high side, it was not manifestly excessive or wrong in principle, and the appellate court should not interfere with the trial judge's discretion.

Obiter and limits

  • The appellate court might have imposed a lesser sentence but will not substitute its own discretion for that of the trial judge unless the sentence is manifestly excessive.

Court disposition

appeal dismissed

  • appeal dismissed in its entirety

Source and reliance status

TZCA · 20 November 1985

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Judgment text

The complete available source text.

Source document

TZCA

Judgment· 20 November 1985

19851120 TZCA Dar es Salaam

• i!PPB'LL.ANT VTI'HSUS THE REPUBLIC• • • • • • • • , • • • RFSPON]ENT ( llppe al f.r om the C')llll i cti on of the High Court . of Tanzania at Tci~.,01' a) ( Chipeta, J.) dated the 9th day of Mar ch, 1'984 -in .9!_~i-~".1J ~~~GAS ?:PAS. _CRs~~JLo~J];__o.L J-9.§1.. ----------. . . The appellant w.::is ch<lr.._;ed Ni th murder, but was convicted of rriansl~htar in the High Court ( Chipeta, J.) and sentenced to 6 yec:i~s imprisonment. Mr. K.;;.hi:l:tt;wQ ha.s appeared for the -appellant before us, ~r • KQlrnngwa dor:s not contest the conviction of manslanghte:1:~ but has SL1bmittad thcit the santence imposed was unduly C.x,oc,q_;ic; '- ar.d has Qs>:cd that the term of imprisonmGnt be l:' <J dU OC d.-· It is clear that the appGl lant had unlawfully kill ad the deceased and the c1ppellant wc1s ric;htly convicted of manslaushter, as the killi:ru happened in a fic;ht. between the de ceased and the appellant. Mr. _K~hangwa has su1.J::1ittod th4t the appellant had no previous ~ conviction, that the dccc4scd was tha aJgresspr and had dislod~ad some tooth of the appellant and t:tcc:it the appellant -had been in custody for about 3 years befoxe he ucis sentencGd. However l'vTr. Mtcil~i for the Republic has pointed out th.:it the appellant had used a knife while the dacGascd was unarmed. ! . 2 The t.r ial · jUdJG .hcid ~111 those fac~s placed before b.im and ho / referred to them l,efore

he pussed siantence. He had imposed the _ / sentence of 6 years after hcivi!1t; tciken ,all the circumstancGs into account. We oux □ elves feel that the sentence is on the .. hit:;h side; very _likely we would havo imposed a leaser sentenpe. ··However we do not think this is a c.:ise in which·, we ~hould interfG1-re with the discretion excrcise,d ·b;r tho trial jUdGe, and we-1,, ccinno~. sc:iy that the sentence is so harsh cis to bG manifostl;;r ,txoeeeiva. ., J. 1 vk dismiss thG nppec:il in its entir~ty, D1ITE'D at MW.1:-llJZll this 20th dL'ly of November, 1985. JUSTICZ 0:Ii' .-iPFB'llL ~.~.::,.,..:,,,."""-.:..ff•·"~ .... -..-~......... ~ - • J1JSTI CH OJ.T' iiPPF AL W-....:R:"7 ........ ="""·"~-'9 ....... ,,, !9" .. - .... ;~- -· I certify that this is .:i true copy of the original.

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