Edward Mange versus The Republic; Criminal Appeal No. 51 of 2014; Court of Appeal of Tanzania at Mwanza (Unreported).
- Criminal Procedure
- Sentencing – under what circumstances an appellate court may interfere with sentence imposed by the lower court?
- Sentencing – under what circumstances maximum punishment should be imposed?
Held:-
(i) The principles laid down to which an appellate court may interfere with the decision of the lower court are as follows-:
(a) Where the sentence is manifestly excessive or is so excessive as to shock;
(b) Where the sentence is manifestly inadequate;
(c) Where the sentence is based upon a wrong principle of sentencing;
(d) Where the trial court overlooked a material factor;
(e) Where the trial court ignored the period the appellant has been in custody pending trial. However the list is not exhaustive.
(ii) Maximum penalty should be imposed only rarely and in particularly shocking cases. Otherwise it is inappropriate.