emmanuel so bura vs republic 2012 tzca 241 11 december 2012
The trial judge considered all relevant mitigating factors and did not err in principle; the sentence of eight years imprisonment for manslaughter was neither manifestly excessive nor unlawful.
- Citation
- emmanuel so bura vs republic 2012 tzca 241 11 december 2012
- Parties
- Appellant: Emmanuel s/o Bura; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 11 December 2012
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Sentencing, Manslaughter, Mitigating Factors
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Parties
Emmanuel s/o Bura
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence imposed for manslaughter was manifestly excessive
- 2 Whether the trial judge failed to consider material mitigating factors
Ratio Decidendi
The trial judge considered all relevant mitigating factors and did not err in principle; the sentence of eight years imprisonment for manslaughter was neither manifestly excessive nor unlawful.
Court Disposition
appeal dismissed
Orders
- sentence of eight years imprisonment for manslaughter upheld
Full Case Text
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