19720214 TZHC Arusha
The accused inflicted fatal injuries on his wife while acting under grave and sudden provocation, depriving him of self-control. Therefore, he is guilty of manslaughter, not murder.
- Citation
- 19720214 TZHC Arusha
- Parties
- Prosecution: The Republic; Accused: Mkoma s/o Kibelenge
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 14 February 1972
- Procedural Posture
- Criminal / Judgment After Trial
- Outcome
- Convicted of manslaughter, sentenced to 6 months imprisonment.
- Legal Topics
- Murder, Manslaughter, Provocation, Sentencing
- Source Language
- English
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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Parties
The Republic
Prosecution
Mkoma s/o Kibelenge
Accused
Procedural Posture
Criminal / Judgment After Trial
Legal Issues
- 1 Whether the accused is guilty of murder or manslaughter for the death of his wife
- 2 Whether the accused acted under grave and sudden provocation
- 3 Whether the accused had the requisite intent for murder
Ratio Decidendi
The accused inflicted fatal injuries on his wife while acting under grave and sudden provocation, depriving him of self-control. Therefore, he is guilty of manslaughter, not murder.
Court Disposition
Convicted of manslaughter, sentenced to 6 months imprisonment.
Orders
- Accused found guilty of manslaughter under section 195 of the Penal Code.
- Accused sentenced to 6 months imprisonment.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment