19880819 TZHC Dar es Salaam

19880819 TZHC Dar es Salaam

The accused intentionally struck the deceased twice on the head with great force using a water pipe, causing fatal injuries. The accused's actions were calculated and not done in the heat of passion caused by sudden provocation. There was no legal provocation or self-defence. The accused is guilty of murder as charged.

Citation
19880819 TZHC Dar es Salaam
Parties
Prosecution: Republic; Accused: Anthony Stephen
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 August 1988
Procedural Posture
Criminal / Judgment After Trial
Outcome
Convicted of murder; sentenced to death by hanging.
Legal Topics
Murder, Malice Aforethought, Provocation, Self Defence
Source Language
English
Criminal Law Murder Malice Aforethought Provocation Self Defence

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Parties

Republic

Prosecution

Anthony Stephen

Accused

Procedural Posture

Criminal / Judgment After Trial

Legal Issues

  1. 1 Whether the accused is guilty of murder under section 196 of the Penal Code
  2. 2 Whether the defences of self-defence or provocation are available to the accused

Ratio Decidendi

The accused intentionally struck the deceased twice on the head with great force using a water pipe, causing fatal injuries. The accused's actions were calculated and not done in the heat of passion caused by sudden provocation. There was no legal provocation or self-defence. The accused is guilty of murder as charged.

Court Disposition

Convicted of murder; sentenced to death by hanging.

Orders

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