asha hassan vs emmanuel magembe and 2 others 2020 tzhc 2430 31 july 2020

asha hassan vs emmanuel magembe and 2 others 2020 tzhc 2430 31 july 2020

The 1st respondent's utterance of threatening words completed the offence under section 89(2) of the Penal Code; subsequent departure from the scene was immaterial. The lower courts' reasoning was legally and logically flawed, warranting interference and conviction.

Citation
asha hassan vs emmanuel magembe and 2 others 2020 tzhc 2430 31 july 2020
Parties
Appellant: Asha Hassan; 1st Respondent: Emmanuel Magembe; 2nd Respondent: Dorica Sanjura; 3rd Respondent: Nyeseko Emmanuel
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 July 2020
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal allowed in part; 1st respondent convicted and sentenced to community service; appeal dismissed against 2nd and 3rd respondents.
Legal Topics
Threatening to Kill, Community Service Sentencing, Appellate Review
Source Language
English
Criminal Law Threatening to Kill Community Service Sentencing Appellate Review

Case Brief

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Parties

Asha Hassan

Appellant

Emmanuel Magembe

1st Respondent

Dorica Sanjura

2nd Respondent

Nyeseko Emmanuel

3rd Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the respondents threatened to kill the appellant under section 89(2) of the Penal Code
  2. 2 Whether the lower courts erred in acquitting the respondents

Ratio Decidendi

The 1st respondent's utterance of threatening words completed the offence under section 89(2) of the Penal Code; subsequent departure from the scene was immaterial. The lower courts' reasoning was legally and logically flawed, warranting interference and conviction.

Court Disposition

Appeal allowed in part; 1st respondent convicted and sentenced to community service; appeal dismissed against 2nd and 3rd respondents.

Orders

  • 1st respondent sentenced to six months community service under supervision of community service officer for Mara region.
  • 2nd and 3rd respondents' acquittal confirmed; appeal dismissed against them.