Criminal Session Case No 43 of 2023

Criminal Session Case No 43 of 2023

The accused caused the death of the deceased by using excessive force in self-defence during a confrontation. The prosecution failed to prove malice aforethought beyond reasonable doubt. The force used was disproportionate, making the accused liable for manslaughter under section 18B(3) of the Penal Code.

Citation
Criminal Session Case No 43 of 2023
Parties
Prosecution: The Republic; Accused: Shaban Saidi Makoto
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
Conviction for manslaughter; acquittal on murder charge
Legal Topics
Murder, Manslaughter, Self Defence, Sentencing
Source Language
English
Criminal Law Murder Manslaughter Self Defence Sentencing

Case Brief

Summary, issues, holding and outcome

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Parties

The Republic

Prosecution

Shaban Saidi Makoto

Accused

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Whether the death of the deceased occurred
  2. 2 Whether the death was unnatural
  3. 3 Whether the accused caused the death

Ratio Decidendi

The accused caused the death of the deceased by using excessive force in self-defence during a confrontation. The prosecution failed to prove malice aforethought beyond reasonable doubt. The force used was disproportionate, making the accused liable for manslaughter under section 18B(3) of the Penal Code.

Court Disposition

Conviction for manslaughter; acquittal on murder charge

Orders

  • Accused sentenced to 7 years imprisonment
  • Two shirts (one of the deceased, one of the accused) to be destroyed as unfit for use