20120224 TZCA Mwanza

20120224 TZCA Mwanza

The sentence of twelve years imprisonment for manslaughter was within the discretion of the trial judge, lawful, and not manifestly excessive or based on a wrong principle. No material mitigating factor was overlooked to warrant appellate interference.

Citation
20120224 TZCA Mwanza
Parties
Appellant: Philipo Pastory; Appellant: Petro Pastory; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
24 February 2012
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Manslaughter, Appeal Against Sentence, Mitigating Factors
Source Language
English

Case Brief

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Parties

Philipo Pastory

Appellant

Petro Pastory

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

  1. 1 Whether the sentence of twelve years imprisonment for manslaughter was manifestly excessive or failed to consider relevant mitigating factors.

Ratio Decidendi

The sentence of twelve years imprisonment for manslaughter was within the discretion of the trial judge, lawful, and not manifestly excessive or based on a wrong principle. No material mitigating factor was overlooked to warrant appellate interference.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.