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The accused, being seven years old at the time and having demonstrated capacity to know his actions were wrong, was legally responsible. The fatal attack was immediately caused by provocation from the deceased, reducing the offence from murder to manslaughter.

Citation
N
Parties
Prosecution: The Republic; Accused: Asekuliye s/o Asheri
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 April 1973
Procedural Posture
Criminal Sessions Case / Judgment and Sentencing
Outcome
Convicted of manslaughter contrary to section 195 of the Penal Code.
Legal Topics
Murder, Manslaughter, Provocation, Juvenile Justice
Source Language
English
Criminal Law Murder Manslaughter Provocation Juvenile Justice

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Parties

The Republic

Prosecution

Asekuliye s/o Asheri

Accused

Procedural Posture

Criminal Sessions Case / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused, a child, could stand trial under section 15 of the Penal Code
  2. 2 Whether the accused had malice aforethought or was provoked
  3. 3 Whether the accused is guilty of murder or manslaughter

Ratio Decidendi

The accused, being seven years old at the time and having demonstrated capacity to know his actions were wrong, was legally responsible. The fatal attack was immediately caused by provocation from the deceased, reducing the offence from murder to manslaughter.

Court Disposition

Convicted of manslaughter contrary to section 195 of the Penal Code.

Orders

  • Accused to be sent to an approved school with assurance of primary school attendance.
  • Custody vested in Iringa Regional Probation Officer for escort to approved school.