Mathias S/O Masaka versus The Republic; Criminal Appeal No 274 of 2009; Court of Appeal of Tanzania (Unreported).
- Criminal Procedure
- Plea of guilty – whether should impact sentence.
- Sentencing – what is the purpose of imposing sentence?
- Sentencing – what factors should be taken into consideration by the court before imposing punishment?
- Mitigation- failure to take mitigation into consideration – Effect
Held:-
(i) It is generally, if not universally recognised that an accused pleading guilty to an offence with which he is charged qualifies him for the exercise of mercy from the court. The reason is, one of the main objects of punishment is the reformation of the offender. Contrition is the first step toward reformation, and a confession of crime, as opposed to brazening it out, is an indication of contrition.
Therefore in such a case a court can, and does impose, a milder sentence than it would otherwise have done.
(ii) Failure of trial court to take into consideration / making specific reference to the mitigation factor is fatal.
(iii) Sentencing powers by any court must be exercised judicially and not arbitrarily. Sentencing is not a mechanical process but a balancing act, taking into account the needs of the community and that of the accused. Furthermore a sentence imposed must have a clear objective and properly rationalized otherwise it becomes a non – utilitarian mechanical process. The question should be, what does one want to achieve in imposing a certain sentence?
(iv) A sentencing court should take into consideration surrounding factors such as welfare of the accused’s family, circumstances under which the offence was committed, whether there was any remorse on the part of the accused etc before imposing a punishment.