Court name
Court of Appeal of Tanzania

Swahele Hamisi vs Republic () [1988] TZCA 12 (20 July 1988);

Law report citations
1988 TLR 139 (TZCA)
Media neutral citation
[1988] TZCA 12

Kisanga, Makame and Omar, JJ.A.:  The appellant was convicted on his own plea of guilty to manslaughter, and was sentenced to 6 years' imprisonment. He is now H appealing against the sentence.
In his memorandum of appeal, he raises the following mitigating factors:- That he was a first offender; he had been in custody for about 31/2 years prior to the passing of the I sentence; that he was related to the deceased and that the deceased was the aggressor.

In assessing the sentence, the learned trial judge considered all these matters; but took A the view that the appellant's mode of retaliating by stabbing the deceased with a knife, a lethal weapon, was completely out of proportion to the deceased's act of merely kicking him. B
Mr. Rugarabamu, the learned advocate representing the appellant before us properly conceded that the memorandum of appeal, which was filed by the appellant, raises no new issues, and added that he himself had nothing to add to it.
We are satisfied that no grounds have been advanced to show that the sentence meted C out to the appellant was excessive, or that the learned trial judge was wrong in assessing it. Therefore there can be no ground for interfering. In the result, the appeal has no merit and is accordingly dismissed.
  D Appeal dismissed.

E