19870811 TZHC Tabora

19870811 TZHC Tabora

The accused, a police officer, shot and killed the deceased after a prolonged altercation and pursuit, not in the heat of passion or under sudden provocation, but in cold blood and as an act of revenge. The provocation was insufficient to deprive an ordinary police officer of self-control, and there was ample time for the accused's passion to cool. The force used was unreasonable given the minor nature of the deceased's offences. The accused acted with malice aforethought, knowing his act would probably cause death.

Citation
19870811 TZHC Tabora
Parties
Prosecution: The Republic; Accused: No. D. 27 44, PC. Mtutasa Egibard
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 August 1987
Procedural Posture
Criminal Sessions Case / Judgment at First Instance
Outcome
Conviction for murder
Legal Topics
Murder, Manslaughter, Provocation, Malice Aforethought, Use of Force by Police
Source Language
English
Criminal Law Murder Manslaughter Provocation Malice Aforethought Use of Force by Police

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Parties

The Republic

Prosecution

No. D. 27 44, PC. Mtutasa Egibard

Accused

Procedural Posture

Criminal Sessions Case / Judgment at First Instance

Legal Issues

  1. 1 Whether the accused unlawfully killed the deceased with malice aforethought
  2. 2 Whether the accused was entitled to the defence of provocation or acted in the heat of passion
  3. 3 Whether the force used by the accused was reasonable in the circumstances

Ratio Decidendi

The accused, a police officer, shot and killed the deceased after a prolonged altercation and pursuit, not in the heat of passion or under sudden provocation, but in cold blood and as an act of revenge. The provocation was insufficient to deprive an ordinary police officer of self-control, and there was ample time for the accused's passion to cool. The force used was unreasonable given the minor nature of the deceased's offences. The accused acted with malice aforethought, knowing his act would probably cause death.

Court Disposition

Conviction for murder

Orders

  • Accused convicted of murder contrary to section 196 of the Penal Code
  • Accused sentenced to suffer death by hanging