republic vs robert so kigodi 2007 tzhc 365 7 june 2007

republic vs robert so kigodi 2007 tzhc 365 7 june 2007

The accused, Robert Kigodi, was properly identified by both the deceased and an eyewitness as the person who stabbed Felista Kalinga, and the evidence established beyond reasonable doubt that he acted with malice aforethought. His subsequent flight from the scene further corroborated his guilt. As he was 16 years old at the time of the offence, he is sentenced to be detained during the President's pleasure under Section 26(2) of the Penal Code.

Citation
republic vs robert so kigodi 2007 tzhc 365 7 june 2007
Parties
Prosecution: The Republic; Accused: Robert Kigodi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 June 2007
Procedural Posture
Criminal Session Case / Judgment
Outcome
Guilty of murder as charged; sentenced to be detained during the President's pleasure under Section 26(2) of the Penal Code.
Legal Topics
Murder, Malice Aforethought, Juvenile Offender, Evidence, Identification, Dying Declaration
Source Language
English
Criminal Law Murder Malice Aforethought Juvenile Offender Evidence Identification Dying Declaration

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Parties

The Republic

Prosecution

Robert Kigodi

Accused

Procedural Posture

Criminal Session Case / Judgment

Legal Issues

  1. 1 Whether the accused caused the death of Felista Kalinga
  2. 2 Whether the killing was accompanied by malice aforethought
  3. 3 Whether the accused was properly identified as the perpetrator

Ratio Decidendi

The accused, Robert Kigodi, was properly identified by both the deceased and an eyewitness as the person who stabbed Felista Kalinga, and the evidence established beyond reasonable doubt that he acted with malice aforethought. His subsequent flight from the scene further corroborated his guilt. As he was 16 years old at the time of the offence, he is sentenced to be detained during the President's pleasure under Section 26(2) of the Penal Code.

Court Disposition

Guilty of murder as charged; sentenced to be detained during the President's pleasure under Section 26(2) of the Penal Code.

Orders

  • The accused, Robert Kigodi, is to be detained during the President's pleasure and dealt with in accordance with the law.