19990412 TZHC Mtwara1
The prosecution failed to prove malice aforethought beyond reasonable doubt. The accused's version that he was whipped by the deceased and acted in self defence, albeit with excessive force, was accepted. The accused is not guilty of murder but guilty of manslaughter under section 195 of the Penal Code.
- Citation
- 19990412 TZHC Mtwara1
- Parties
- Prosecution: The Republic; Accused: Ismail Hassan
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 12 April 1999
- Procedural Posture
- Criminal Session Case / Judgment
- Outcome
- Convicted of manslaughter, acquitted of murder
- Legal Topics
- Murder, Manslaughter, Self Defence, Provocation, Intoxication
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Ismail Hassan
Accused
Procedural Posture
Criminal Session Case / Judgment
Legal Issues
- 1 Whether the accused killed the deceased with malice aforethought
- 2 Whether the accused acted in self defence, under provocation, or intoxication
Ratio Decidendi
The prosecution failed to prove malice aforethought beyond reasonable doubt. The accused's version that he was whipped by the deceased and acted in self defence, albeit with excessive force, was accepted. The accused is not guilty of murder but guilty of manslaughter under section 195 of the Penal Code.
Court Disposition
Convicted of manslaughter, acquitted of murder
Orders
- Accused sentenced to 10 years imprisonment
- Right of appeal explained
Full Case Text
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