r vs adrian francis january 2022 tzhc 15154 8 december 2022

r vs adrian francis january 2022 tzhc 15154 8 december 2022

Given the absence of malice, first offence status, and time spent in remand, a lesser sentence than life imprisonment is appropriate for manslaughter.

Citation
r vs adrian francis january 2022 tzhc 15154 8 december 2022
Parties
Prosecution: The Republic; Accused: Adrian Francis ©January
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 December 2022
Procedural Posture
Criminal / Sentencing After Conviction on Plea
Outcome
convicted and sentenced
Legal Topics
Manslaughter, Sentencing, Plea of Guilty, Mitigation
Source Language
English

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Parties

The Republic

Prosecution

Adrian Francis ©January

Accused

Procedural Posture

Criminal / Sentencing After Conviction on Plea

  1. 1 What is the appropriate sentence for manslaughter where the accused pleads guilty and has no malice or prior record?

Ratio Decidendi

Given the absence of malice, first offence status, and time spent in remand, a lesser sentence than life imprisonment is appropriate for manslaughter.

Court Disposition

convicted and sentenced

Orders

  • Accused convicted of manslaughter under section 195 of the Penal Code Cap 16 [R.E. 2019]
  • Accused sentenced to one year imprisonment