republic vs abdillah abdallah muya 2014 tzhc 2238 20 june 2014

The accused did not kill the deceased maliciously; the death occurred during a fight without prior quarrel or planning. The accused is therefore guilty of manslaughter, not murder.

Citation: republic vs abdillah abdallah muya 2014 tzhc 2238 20 june 2014
Parties: Prosecution: Republic; Accused: Abdillah Abdallah @ Muya
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 20 June 2014
Procedural Posture: Criminal / Judgment and Sentencing
Outcome: Convicted of manslaughter, sentenced to 12 years imprisonment.
Legal Topics: Murder, Manslaughter, Self Defence
Source Language: English

Criminal Law Murder Manslaughter Self Defence

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1

Parties

Republic

Prosecution

Abdillah Abdallah @ Muya

Accused

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

1 Whether the accused maliciously killed the deceased
2 Whether the accused is guilty of murder or manslaughter

Ratio Decidendi

The accused did not kill the deceased maliciously; the death occurred during a fight without prior quarrel or planning. The accused is therefore guilty of manslaughter, not murder.

Court Disposition

Convicted of manslaughter, sentenced to 12 years imprisonment.

Orders

Accused convicted of manslaughter contrary to section 195 of the Penal Code [Cap. 16 R.E. 2002]
Accused sentenced to twelve (12) years imprisonment