19910812 TZHC Dar es Salaam3
Evidence clearly established appellant shot and wounded the complainant; no justification shown; conviction upheld; sentence reduced due to lack of previous convictions.
- Citation
- 19910812 TZHC Dar es Salaam3
- Parties
- Appellant: S. S. Kagunda; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 12 August 1991
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- conviction upheld, sentence varied
- Legal Topics
- Assault Causing Actual Bodily Harm, Sentencing, Appeal Against Conviction and Sentence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
S. S. Kagunda
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 whether the appellant caused actual bodily harm
- 2 whether there was justification for the appellant's act
- 3 whether the sentence was excessive
Ratio Decidendi
Evidence clearly established appellant shot and wounded the complainant; no justification shown; conviction upheld; sentence reduced due to lack of previous convictions.
Court Disposition
conviction upheld, sentence varied
Orders
- appeal against conviction dismissed
- sentence reduced from five years to three years imprisonment
Full Case Text
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