19940805 TZHC Tabora

19940805 TZHC Tabora

The first accused, Iguruta Tuli, was properly identified by both the complainant and her son under satisfactory conditions, and the severity of the injuries indicated intent to kill. The alibi defences did not raise reasonable doubt. The second accused, Pagi Lugita, was not well identified and thus acquitted.

Citation
19940805 TZHC Tabora
Parties
Prosecution: The Republic; Accused: Iguruta Tuli; Accused: Pagi Lugita
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 August 1994
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
First accused convicted of attempted murder and sentenced to eight years imprisonment; second accused acquitted.
Legal Topics
Attempted Murder, Identification Evidence, Alibi Defence, Assessment of Witness Credibility
Source Language
English
Criminal Law Attempted Murder Identification Evidence Alibi Defence Assessment of Witness Credibility

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Parties

The Republic

Prosecution

Iguruta Tuli

Accused

Pagi Lugita

Accused

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused were properly identified as the assailants
  2. 2 Whether the injuries sustained amounted to an attempt to murder
  3. 3 Whether the alibi defences raised reasonable doubt

Ratio Decidendi

The first accused, Iguruta Tuli, was properly identified by both the complainant and her son under satisfactory conditions, and the severity of the injuries indicated intent to kill. The alibi defences did not raise reasonable doubt. The second accused, Pagi Lugita, was not well identified and thus acquitted.

Court Disposition

First accused convicted of attempted murder and sentenced to eight years imprisonment; second accused acquitted.

Orders

  • Iguruta Tuli convicted of attempted murder c/s 211(1) Penal Code and sentenced to eight years imprisonment.
  • Pagi Lugita acquitted of the offence and released.