20080312 TZHC Mtwara

20080312 TZHC Mtwara

Where a right of appeal exists, revisionary powers should not be exercised; applicants should pursue an appeal to challenge the sentence.

Citation
20080312 TZHC Mtwara
Parties
Applicant: Stella Yusufu & Another; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 March 2008
Procedural Posture
Misc. Criminal Application / Ruling on Application for Revision
Outcome
Application dismissed
Legal Topics
Revision, Right of Appeal, Sentencing, Conviction on Plea of Guilty
Source Language
English
Criminal Law Criminal Procedure Revision Right of Appeal Sentencing Conviction on Plea of Guilty

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Parties

Stella Yusufu & Another

Applicant

The Republic

Respondent

Procedural Posture

Misc. Criminal Application / Ruling on Application for Revision

Legal Issues

  1. 1 Whether revision is available where right of appeal exists
  2. 2 Whether there was any error in the proceedings or sentence

Ratio Decidendi

Where a right of appeal exists, revisionary powers should not be exercised; applicants should pursue an appeal to challenge the sentence.

Court Disposition

Application dismissed

Orders

  • Application for revision is dismissed
  • Applicants advised to proceed by way of appeal if they wish to challenge the sentence