gozbert henerico vs republic 2016 tzca 659 26 february 2016

The death penalty should not be upheld due to its irreversible nature, potential for judicial error, and its violation of constitutional rights to life and protection from inhuman punishment. Life imprisonment is the appropriate sentence.

Source-derived case information.

Citation: gozbert henerico vs republic 2016 tzca 659 26 february 2016
Parties: Appellant: Gozbert Henerico; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 26 February 2016
Procedural Posture: Criminal Appeal / Judgment
Outcome: dissenting opinion against death penalty; proposes life imprisonment instead
Legal Topics: Death Penalty, Right to Life, Criminal Sentencing, Human Rights
Source Language: english

Criminal Law Constitutional Law Death Penalty Right to Life Criminal Sentencing Human Rights

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2

Parties

Gozbert Henerico

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the death penalty should be upheld for the appellant convicted of murder
2 Whether the death penalty violates constitutional and human rights

Ratio Decidendi

Court Disposition

dissenting opinion against death penalty; proposes life imprisonment instead

Orders

Substitute sentence of life imprisonment for death penalty (dissenting opinion)

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