19710716 TZHC Mwanza
The appellant's unequivocal plea of guilty rendered the appeal against conviction incompetent; the sentence imposed was justified given the prevalence of the offence and the appellant's conduct.
Source-derived case information.
- Citation
- 19710716 TZHC Mwanza
- Parties
- Appellant: Faid1 Yusufu; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 July 1971
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Unlawful Wounding, Plea of Guilty, Sentencing
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Faid1 Yusufu
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the conviction based on the appellant's plea of guilty was valid
- 2 Whether the sentence imposed was appropriate
Ratio Decidendi
The appellant's unequivocal plea of guilty rendered the appeal against conviction incompetent; the sentence imposed was justified given the prevalence of the offence and the appellant's conduct.
Court Disposition
appeal dismissed
Orders
- conviction and sentence confirmed
Full Case Text
Judgment text and source record
1 paragraphs
• 117 TIL IJIGII COLItT OP 2ihhLi1 AT ii;ZA Appellate Juriiction CPLLILOIIIAL APkEj ITO. 609 OF 1970 (Orinal Criminal Case ITo. 471 of 1970 of the district court of Geita beiore C. II. ITs ti Esq., district uc7;isiraie). DAI]J YtTSUIIJ • .APPJJILdI1\rT (oicii:ji AccusiD) versus EpuinLIc • . . . . . . . . . . . . . . . .IIESPO1ETT(01..IhI3JAL FiIos1cJTC-12' OiTAPC-:— Unlawful wounding c/s 228(1) 01 the Penal (Jocic, (Jep.16. JUGGIEIIT 11J7GlA, Ag.J, The appellant Faid1 Yusufu was convicted on his ocu rica for ui1iuoEu1 v/oundinp contrary to section 223(1) of tiie Fen1 Code, and was sentenced to 15 months' imprisoi ent. He now appeals aninst both conviction and sentence In hisucuorondusi of appeal, tl1oprisoner had i:itim.tcd his wish to ho present at the hearing of hIs anpaa1 The appeal wee :erc± ore adjourned on several occasions but eventually the court was in ornec by Prisons, Tabora, thai the appellant could not afford the trovellill ::; enpcnses from Tab ora to Ilwanza, end consequently tio appeal was heard in the appellant' s abs en cc'. The appellnt is recorded to hvo said in ano'/n eo the charge- - I unlarfully wounded hira.' The fects as a iat::d by the prosec ution anI admitted by the appellant, shoP that the appall cmi sir ngld the complainant and butted bee on the mouth causing a cut wound on her l,.ier lip measuring 10 x i, lu the circu:isiancce I am of the Vice; th;t the appellant' s plea of guilty cur uur.qmaivocal and therefore tho appeal against conviction was incompelont. In possin the sentence of 15 ucuiti:s' iuprisoeaini -::Ic trial 4stratc- observoC that this type of offence is prevalant in the area, 5nd commenting on the conduct of the appellant during the incident he noie - bat the assault ceo baseless and hence tuecallcd for. In those circua- stances, I think that the trial court could have imposed ti sentence it lid end I find no valid ground to warrant interierRy this Court. The sentence is the cecore confirmed and accordingly the cpcmal is dismissed in its entiircty. Delivered in Court at LIuanza on 1971.. L 3 1 JULW1 H. iesamga) Ag.