N
The sentence was reduced because the appellant pleaded guilty, showed remorse, was a first offender, and the amount stolen was relatively small.
Source-derived case information.
- Citation
- N
- Parties
- Appellant: Bonaventura Nyinzi Mselele; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 1991
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced
- Legal Topics
- Sentencing, Mitigation, Stealing by Servant, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bonaventura Nyinzi Mselele
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed was appropriate given the plea of guilty and mitigating circumstances
Ratio Decidendi
The sentence was reduced because the appellant pleaded guilty, showed remorse, was a first offender, and the amount stolen was relatively small.
Court Disposition
sentence reduced
Orders
- Sentence of five years imprisonment set aside
- Substituted with a sentence of three years imprisonment
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH OtJRT OF TANZANIA AT TABORA AP7 LLATE JURISDICTION (abora Registry) (H) CRII AL BThL N 99 OF 1979 ORIGITL TI?.:INAL CASNO. 94 OF 1979 OP THE TS - i DISTRICT AT NZGA Before: MBAWALA, Esc, Ditrit Magistrate . BONAVENTURA NYINZI MSELELE: ...........APPEILANT a ver THE REPUBLIC: • • • ' i!' •• • I I I I S • • • • • . RESPONDENT CHARGE; Sta1ing by Servant service c/s 271 and 265 of th Penal Code Cap. 15 rf the Lawe. JUDGMENT/REASONS FOR ORDER OHIPAJ, J. 14th July, 1982, I,. et aside the sentence of five years impriit imposed On th appellant by the trial-court and sbsttuted therefor a sentence of Iree years imprisonmen, . I rqser.vp,d my reasons for doing s and the same are contained in this judgment. The appellant was convted on his own plea of gui1trto the skffenc . e of stealing by servant. The facts established that he st1e Sis,OO/=, the property ol his employer, Chama .cha Mapindui, There is ample authority for the proposition that the admipt f guilt by an a'cused person is the first step to tIoatritionand should he taken into.consideraion as a mitigating circumstance, That was the p6sition in the instant case. The fact that the appellant pleaded guilty to the offence was a sign.f ?morse on his part s I* addition, the appellant was a first offender and the ameuxt, stslen was relatively small.