19890204 TZCA Dar es Salaam

19890204 TZCA Dar es Salaam

The trial judge erred by considering extraneous matters such as the appellant's intoxication and perceived danger to society when imposing sentence, making the sentence wrong in principle.

Citation
19890204 TZCA Dar es Salaam
Parties
Appellant: Nasoro Korongo; Respondent: Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 February 1989
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sentencing, Manslaughter, Intoxication
Source Language
English

Case Brief

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Parties

Nasoro Korongo

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

  1. 1 Whether the sentence imposed for manslaughter was wrong in principle
  2. 2 Whether extraneous matters were considered in sentencing

Ratio Decidendi

The trial judge erred by considering extraneous matters such as the appellant's intoxication and perceived danger to society when imposing sentence, making the sentence wrong in principle.

Court Disposition

appeal allowed

Orders

  • sentence of 25 years imprisonment set aside
  • appellant sentenced to 12 years imprisonment from date of conviction