20110509 TZHC Mwanza

20110509 TZHC Mwanza

The conviction and sentence by the First Appellate Court for causing disturbance under section 89(1)(b) of the Penal Code were not supported by evidence; inconsistencies in witness testimony and lack of proof meant the offence was not established. The First Appellate Court erred in law and procedure.

Citation
20110509 TZHC Mwanza
Parties
Appellant: Kesero Daniel Marwa; Respondent: Peter Makuri
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 May 2011
Procedural Posture
Criminal Appeal / Second Appeal (high Court)
Outcome
appeal allowed
Legal Topics
Threatening Violence, Causing Disturbance, Appellate Procedure, Evidence Evaluation
Source Language
English
Criminal Law Threatening Violence Causing Disturbance Appellate Procedure Evidence Evaluation

Case Brief

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Parties

Kesero Daniel Marwa

Appellant

Peter Makuri

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (high Court)

Legal Issues

  1. 1 Whether the First Appellate Court erred in convicting the appellant for an offence not proved during trial
  2. 2 Whether there was evidence connecting the appellant to the offence of causing disturbance or threatening violence
  3. 3 Whether the First Appellate Court was procedurally correct in sentencing the appellant without mitigation

Ratio Decidendi

The conviction and sentence by the First Appellate Court for causing disturbance under section 89(1)(b) of the Penal Code were not supported by evidence; inconsistencies in witness testimony and lack of proof meant the offence was not established. The First Appellate Court erred in law and procedure.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence of six months conditional discharge set aside