republic vs ibrahim so abubakary and three others 2021 tzhc 9178 22 december 2021

republic vs ibrahim so abubakary and three others 2021 tzhc 9178 22 december 2021

Direct evidence from credible eye witnesses, corroborated by medical and documentary evidence, proved beyond reasonable doubt that the accused persons jointly and intentionally killed the deceased with malice aforethought.

Citation
republic vs ibrahim so abubakary and three others 2021 tzhc 9178 22 december 2021
Parties
Prosecution: Republic; Accused: Ibrahim S/O Abubakary; Accused: Hadija D/O Thadeus Shio @ Theresia; Accused: Abdulrazack S/O Bilali Miromo; Accused: Salma D/O Abubakari @ Siang'a
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 December 2021
Procedural Posture
Criminal Session Case / Judgment and Sentencing
Outcome
Conviction and sentencing
Legal Topics
Murder, Malice Aforethought, Identification, Alibi, Credibility of Witnesses, Sentencing of Juveniles
Source Language
English
Criminal Law Murder Malice Aforethought Identification Alibi Credibility of Witnesses Sentencing of Juveniles

Case Brief

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Parties

Republic

Prosecution

Ibrahim S/O Abubakary

Accused

Hadija D/O Thadeus Shio @ Theresia

Accused

Abdulrazack S/O Bilali Miromo

Accused

Salma D/O Abubakari @ Siang'a

Accused

Procedural Posture

Criminal Session Case / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused persons killed the deceased
  2. 2 Whether the accused persons acted with malice aforethought
  3. 3 Whether the offence was proved beyond reasonable doubt

Ratio Decidendi

Direct evidence from credible eye witnesses, corroborated by medical and documentary evidence, proved beyond reasonable doubt that the accused persons jointly and intentionally killed the deceased with malice aforethought.

Court Disposition

Conviction and sentencing

Orders

  • 1st, 2nd, and 4th accused sentenced to death by hanging under section 197 of Penal Code, Cap 16 R.E 2019 and section 322(2) of CPA.
  • 3rd accused discharged conditionally under section 119(1) of Law of the Child Act No. 21 of 2009 and section 38(1) of Penal Code, Cap 16 R.E 2019, provided no offence is committed within twelve months.