20181214 TZHC Dodoma

20181214 TZHC Dodoma

The court found that although the accused killed the deceased by shooting her with an arrow, there was no proof of intent to kill. The evidence showed the accused was provoked and intoxicated, leading to a momentary loss of self-control. The killing was accidental, and the accused was incapable of forming the intent required for murder. Therefore, the charge was reduced to manslaughter.

Citation
20181214 TZHC Dodoma
Parties
Prosecution: The Republic; Accused: Hamisi Basil
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 December 2018
Procedural Posture
Criminal Session Case / Judgment
Outcome
Convicted of manslaughter
Legal Topics
Murder, Manslaughter, Evidence, Provocation, Intoxication
Source Language
English
Criminal Law Murder Manslaughter Evidence Provocation Intoxication

Case Brief

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Parties

The Republic

Prosecution

Hamisi Basil

Accused

Procedural Posture

Criminal Session Case / Judgment

Legal Issues

  1. 1 Whether the accused intentionally killed the deceased
  2. 2 Whether the accused's actions amounted to murder or manslaughter
  3. 3 Whether provocation and intoxication reduced the offence

Ratio Decidendi

The court found that although the accused killed the deceased by shooting her with an arrow, there was no proof of intent to kill. The evidence showed the accused was provoked and intoxicated, leading to a momentary loss of self-control. The killing was accidental, and the accused was incapable of forming the intent required for murder. Therefore, the charge was reduced to manslaughter.

Court Disposition

Convicted of manslaughter

Orders

  • Charge of murder reduced to manslaughter under section 195 and 198 of the Penal Code, Cap 16 R: E 2002
  • Accused convicted of manslaughter