Fatuma Nurudini versus The Republic; Criminal Appeal No. 418 of 2013; Court of Appeal of Tanzania at Mbeya (Unreported).
- Criminal Procedure
- Sentencing – Under what circumstances the Court of Appeal may interfere?
Held:-
(i) An appellate Court can only interfere with a sentence of a trial Court if it is obvious that the trial court has imposed an illegal sentence or had acted on a wrong principle or had imposed a sentence which in the circumstances of the case was manifestly excessive or clearly inadequate.
(ii) The sentencing decision is a decision made in the exercise of a discretion of the trial judge and, therefore, the exercise of discretion cannot be easily tempered with by an appellate court.
(iii) The Court of appeal should not interfere with the exercise of the discretion of a judge unless it is satisfied that he misdirected himself in some matters as a result arrived at a wrong decision, or unless is manifest from the case as a whole that the judge was clearly wrong in the exercise of his discretion and that as a result there has been an injustice.