19880920 TZCA Dar es Salaam2

IN Tl:I.cJ . COU.nT OF 1i.PP.&1L OF TANLJi.Nll AT ~ill1YdBA CRHITN"ii.L AJ?P:JiJ, !-TO. 37 OF 1988 GR:JGORY :'JI.'ilJ.'TTLJL • • • • • • .• APPJ:LIANT ;Versus TITE RZPu:BLIC • • • • • • • • ID3P01'Jl)J;NT (Appeal from tl1e conviction of tho :S:i.gh Court of Tanzania at ilrus:ia) (Eunuo, J.) dated tho 20th day of Julysi 1987 in Criminal Sessions Case No .. 48 of 1986 JUDGNIJNT OF TIO) COURT HUST1.FA 2 Ag. C.J. The appellant wes charged with and convicted of manslaushter. Ho pleaded guilty and was sentenced to 7 years imprisonment. He is appealing against sentence. On th0 facts adduced by the prosecution and agreed by the appellant at t!J.e trial the appellant was clearly the a&gresmtJ:. He picked up a q_uarrel with t~1e deceased 9 his brother, deliberatelyo He advanced on the deceased armed with a knife. Tho deceased attempted to attack t~e appellant, but in result the appellant stabbed and killed the deceased. The appellant had been in custody lor 3 years before }1e was sentenced.. Mr. Kapoor submi. tted t:.1at 9 in tho circumstances 9 the sentence was excessive and should be reduced. It may be that the sentence was harsh; we make comment on t.11.at.. But we arc satisfied it was not manifestly excessive and that the sentence was not _pa.ssod on any wrong principle. The appeal is dismissed. ,I - 2 ,,~ . ~ ·. DATND :at A:i1USllii. this 20th day of September, 1988. A. lillSTii.FA Ag. Cfiljfili' JUSTIC~ L. M. J\U:.Kll.M!] JUSTIC:1l OF Ii.PP::Ui.L R. He KISL.NGil .' . , I JU3TICZ OF b.PPZaL I certify that thi1s i~ a. true copy of the originalo ... :,_., I·•· / I