19700710 TZHC Mwanza3
- Citation
- 19700710 TZHC Mwanza3
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 10 July 1970
- Posture
- Criminal Appeal / Judgment
- Language
- English
More details
- Court
- TZHC
- Decision
- 10 July 1970
- Posture
- Criminal Appeal / Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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
AppellantThe Republic
RespondentAmounts and remedies
- Original Sentence (months): 9
- Reduced Sentence (months): 6
03
Procedural history
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
Legal principles
- 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
The complete available source text.
TZHC
Judgment· 10 July 1970
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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