19700902 TZHC Mwanza

19700902 TZHC Mwanza

The sentence was manifestly excessive as the offence involved only an exchange of blows with fists, no dangerous weapons were used, and the appellants were first offenders. The fine was therefore reduced.

Citation
19700902 TZHC Mwanza
Parties
Appellant: Tansellus Patrick Mastjunga; Appellant: Josephlt Uiso; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 September 1970
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Affray, Sentencing, Appeal
Source Language
English

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Tansellus Patrick Mastjunga

Appellant

Josephlt Uiso

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

  1. 1 Whether the sentence imposed for affray was manifestly excessive

Ratio Decidendi

The sentence was manifestly excessive as the offence involved only an exchange of blows with fists, no dangerous weapons were used, and the appellants were first offenders. The fine was therefore reduced.

Court Disposition

Appeal allowed

Orders

  • Fine reduced to 100/- in respect of each appellant