19891229 TZHC Dar es Salaam
The accused shot the deceased because the latter failed to comply with the order to raise his hands and started to reach for his pistol. The force used was reasonable in the circumstances and not excessive; therefore, the accused is not guilty of murder.
- Citation
- 19891229 TZHC Dar es Salaam
- Parties
- Prosecution: Republic; Accused: D/C Bakari
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 December 1989
- Procedural Posture
- Criminal Sessions Case / Judgment
- Outcome
- Acquittal
- Legal Topics
- Murder, Self Defence, Use of Force by Police
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Republic
Prosecution
D/C Bakari
Accused
Procedural Posture
Criminal Sessions Case / Judgment
Legal Issues
- 1 Whether the accused unlawfully killed the deceased
- 2 Whether the accused was justified in using force
- 3 Whether the force used was excessive or reasonable
Ratio Decidendi
The accused shot the deceased because the latter failed to comply with the order to raise his hands and started to reach for his pistol. The force used was reasonable in the circumstances and not excessive; therefore, the accused is not guilty of murder.
Court Disposition
Acquittal
Orders
- The accused is acquitted of the offence charged and discharged from remand prison unless held for other cause.
- Assessors thanked and discharged.
Full Case Text
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