NA TZCA Dar es Salaam3
The trial judge misdirected himself in sentencing both co-accused; the sentence must be reduced to five years imprisonment from the date of conviction to ensure parity and proper application of sentencing principles.
Source-derived case information.
- Citation
- NA TZCA Dar es Salaam3
- Parties
- Appellant: Viana Venant; Respondent: Republic of Tanzania
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 1985
- Procedural Posture
- Criminal Appeal / Appeal From Conviction and Sentence
- Outcome
- appeal allowed
- Legal Topics
- Manslaughter, Sentencing, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Viana Venant
Appellant
Republic of Tanzania
Respondent
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Legal Issues
- 1 Whether the sentence imposed for manslaughter was appropriate given the circumstances
- 2 Whether the appellant could be heard in his absence
Ratio Decidendi
The trial judge misdirected himself in sentencing both co-accused; the sentence must be reduced to five years imprisonment from the date of conviction to ensure parity and proper application of sentencing principles.
Court Disposition
appeal allowed
Orders
- sentence reduced to five years imprisonment from date of conviction
Full Case Text
Judgment text and source record
1 paragraphs
l •• AT E.Tl.NZ1~ .I· COR:-J·,1 s , -r .·, i·:i'i' J 1· M!-~~~.:!.~~ L CRIViIIJ.AL .A?~c'~IJ., NO• 61 OF 1936 and (i:.p~")eal f'r;::,;_-11 the conviction of ,.:;I1e High Court of Tanza::.--.da at I'-1\ra:iza) (Korr;i,:rno, J.) dated the 20th day of Dece_::-:.nr, 1985 in 0 Criminal Ses.s:i_ons C8.ce no._ 71. of' 1985 JUDG.i:I'L~iTT OF THE CC-U!;<.T NYALX~.,I, C • J • z The appella:,:c in t~1.is cc.se 'irl .. s jointly cb.s.rged and c:::,rivicted in t::e Higi1 Co·'..lrt at Mwar. . za with anotl1.er. · Both were c::mvicted each on his mm plea of guilty to t~1.e of:fe:;:-.. ce o:f na~1slaughter contrary to · section 195 of the Penal Code a..."'1.d ·were each sente::-wed to fifteen years imprisonme~t. V-.!..ANA V:81J:'JTT, appealed to t·:.is Cou1~t e.g::.inct the sentence and this court allowed the appeal -by reducing the se=tence to .rive years from the.da~e of conviction. T~1.is court fou.;... d t:1.s.t t;::.e '·. factors r0lev:.nt ·co the s9_;_y;:;e::i.ce w.:. . ich h(>~.imposed. This court intbmted ·that the prese:..,.t appellant who had 2,.ot then appealed was at liberty to appeal within 14 days from the judgexa~t of the court in_ t~1.at -yrevious appe2_l. Th_e app0ll2_~-;.t has thus e.xarciced the liberty given tc hi~ b·:r. . t~:1.io . c-:::tJ..rt 2~d he indic -.. te,:: ' Q that he wisried to be :;;resent ,.::.t the he ·.ring o:f his appeal V • •/2 . UnfortW1.2,cely ~he appellant !-.i.as not bee~ abl0 to a:._:,pear He is :t.oweve.r ropr·3sentetl by Mr. Rugc.r)3.b&,nu, · Le&rned Advoc3.te. VT e :!:lave co:1.sidercd whet'.:.;.ar tb.is court is precluded from h8,:::..ri:ng this a?::.=>02..l in his abse::-,ce • The pecul'iar circ·ums ::s.nces of tii:Ls .a?peal arising entirely from the decision of this court in the- :previews a:::,peal lead us· to t½.e conclusion -Ci'>.·,.t we are not • ~recluded from ~e~~ing this appeal in t~e-absa~ce of the outcome of t::i.e a-;_:;-_),:,2.l and cs:p8cially bec.-:.uce t;:1e a:::>pellant re:ties entirely on t½e rrinciples applied by t~is c~~rt in the prev~o~s appGal. The trial Judge in se:ri·Cei-_:_cir1g the appe~lant in ~his appeal misdirected himself in the some extent as he did in sente:c.cing the ot:"ler c-:-;::wict. We a1~e bound to interfere with -the se:~_:t;e:::,ce in the sG.:::e ws.y and to the same extent by re,duci:,·.:g the sen-~e:1ce to five ye,.'.rs imprisonment from the date of' ·.-::.is c::,nvictio:i and ·we order acco:.~dingly. F • . L. · 1,El\.LALI c::n2F J'JC -~·:::C~ L. M • Vifa.l~Al'.IE JU.~~TICE OF APPEAL R. H. K.I.=:LiJG./.. J·J,~ TI':2 OF 1L?:?::u.L I cert:;_fy t~12.t this is a tru~ CO'f'Y o:f t:'le orisi:;.1.al.