19880602 TZHC Dar es Salaam

19880602 TZHC Dar es Salaam

Section 141 of the Evidence Act, 1967 was not contravened as there was no evidence that the appellant was prosecuted based on his testimony in the previous case; the sentence of two years imprisonment was excessive given the circumstances and is reduced to six months.

Citation
19880602 TZHC Dar es Salaam
Parties
Appellant: Godson Ndobo; Respondent: The United Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 June 1988
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed except for sentence reduction
Legal Topics
Assault Causing Actual Bodily Harm, Evidence Act Section 141, Sentencing
Source Language
English
Criminal Law Assault Causing Actual Bodily Harm Evidence Act Section 141 Sentencing

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Parties

Godson Ndobo

Appellant

The United Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the trial contravened section 141 of the Evidence Act, 1967 by prosecuting the appellant based on evidence given in a previous proceeding
  2. 2 Whether the sentence imposed was excessive

Ratio Decidendi

Section 141 of the Evidence Act, 1967 was not contravened as there was no evidence that the appellant was prosecuted based on his testimony in the previous case; the sentence of two years imprisonment was excessive given the circumstances and is reduced to six months.

Court Disposition

appeal dismissed except for sentence reduction

Orders

  • Sentence of two years imprisonment reduced to six months imprisonment
  • Otherwise, appeal dismissed forthwith