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Tanzania Judgment

TZHC

19700710 TZHC Mwanza3

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

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

02

Material facts

Parties

Tangawizi Mnyeti

Appellant

The Republic

Respondent

Amounts and remedies

  • Original Sentence (months): 9
  • Reduced Sentence (months): 6

03

Procedural history

  1. Posture

    Criminal Appeal / Judgment

04

Questions and positions

Legal issues

Whether the sentence imposed for threatening with violence was excessive

Party arguments

Applicant
The sentence imposed was excessive, especially considering the appellant was a first offender.
Respondent
The Republic did not support the sentence as imposed.

05

Court’s reasoning

  1. 01

    general sentencing principles

    Sentences should be proportionate and take into account whether the accused is a first offender.

06

Ratio, limits and disposition

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

  • Sentence of 9 months imprisonment set aside and substituted with 6 months imprisonment

Source and reliance status

TZHC · 10 July 1970

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Judgment reading view

Judgment text

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Source document

TZHC

Judgment· 10 July 1970

19700710 TZHC Mwanza3

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

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Penal Code Cap. 16 Vol. 1 s.89(2)(b)

Legislation

Legislation referenced in the available case record.

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