19700710 TZHC Mwanza3
The sentence of 9 months imprisonment was excessive for a first offender convicted of threatening with violence; it was reduced to 6 months.
Source-derived case information.
- Citation
- 19700710 TZHC Mwanza3
- Parties
- Appellant: Tangawizi Mnyeti; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 10 July 1970
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence reduced
- Legal Topics
- Sentencing, Threatening With Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tangawizi Mnyeti
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for threatening with violence was excessive
Ratio Decidendi
The sentence of 9 months imprisonment was excessive for a first offender convicted of threatening with violence; it was reduced to 6 months.
Court Disposition
sentence reduced
Orders
- Sentence of 9 months imprisonment set aside and substituted with 6 months imprisonment
Full Case Text
Judgment text and source record
1 paragraphs
4 ' IN THE HIGH COURT OP TANZANIA AT MWANZA. APPELLATE JUIDICTiON CRIMINAL APPEAL NO. 258 OP 1970. ORIGINAL CRIMINAL CASE NO. 49 OP 1970. OF THE DIST}1IT COURT OF GEITA DISTRICT - AT GEITA. Before: C.H. Msamati, Esq, District Magistrate. ........ .... .Appellant Tangawizi Mnyeti........... (Original Accused). Versus The Republic... .... .................. .Respondent (original Prosecutor) Charge: Threatening with violence, c/s 89(2) (b) of the Penal Code Cap. 16 Vol. 1 of the laws. JUDGEMENT N.S. Mnzavas 9 Ag. J. This appeal was admitted because the sentence imposed appeared excessive. The appellant was convicted of threatening with violence c/s 89 (2) (b) and was sentenced to t sentence of 9 months imprisontien The which is not supported by the Republic is clearly exce- ssive taking into account the fact that the accused is, as far as it is known, a first offender. The sentence of 9 months imprisonment is reducc to six months imprisonment. Delivered in court at Mwanza 10/7/1970. (i