Masele Machibya

Masele Machibya

The court found that the first and third accused, acting jointly, murdered the deceased with malice aforethought, based primarily on the corroborated extra-judicial confession of the second accused, which was found to be voluntary, truthful, and supported by independent evidence. The second accused was acquitted due to plausible explanation of her conduct under threats and lack of evidence of prior knowledge or participation.

Citation
Masele Machibya
Parties
Prosecution: Republic; 1st Accused: Masele Machibya Masele @ Masele Nengo; 2nd Accused: Rehema Masele Machibya; 3rd Accused: Madeni Fatuma Sambe @ Madeni Yegela
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Criminal Sessions Case / Judgment After Full Trial
Outcome
Conviction and sentence for 1st and 3rd accused; acquittal for 2nd accused
Legal Topics
Murder, Accomplice Evidence, Confession, Malice Aforethought, Defence of Alibi, Accessory After the Fact
Source Language
English
Criminal Law Murder Accomplice Evidence Confession Malice Aforethought Defence of Alibi Accessory After the Fact

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Republic

Prosecution

Masele Machibya Masele @ Masele Nengo

1st Accused

Rehema Masele Machibya

2nd Accused

Madeni Fatuma Sambe @ Madeni Yegela

3rd Accused

Procedural Posture

Criminal Sessions Case / Judgment After Full Trial

Legal Issues

  1. 1 Whether the accused persons caused the death of Ndama Hassan Kema by unlawful act with malice aforethought
  2. 2 Whether the evidence of accomplice/confession is sufficient for conviction
  3. 3 Whether the second accused is criminally liable as principal or accessory

Ratio Decidendi

The court found that the first and third accused, acting jointly, murdered the deceased with malice aforethought, based primarily on the corroborated extra-judicial confession of the second accused, which was found to be voluntary, truthful, and supported by independent evidence. The second accused was acquitted due to plausible explanation of her conduct under threats and lack of evidence of prior knowledge or participation.

Court Disposition

Conviction and sentence for 1st and 3rd accused; acquittal for 2nd accused

Orders

  • 1st and 3rd accused persons convicted of murder and sentenced to death by hanging
  • 2nd accused person acquitted and ordered to be released unless held for another lawful cause