republic vs yusuph ramadhan korongo and two others 2022 tzhc 15434 8 december 2022

republic vs yusuph ramadhan korongo and two others 2022 tzhc 15434 8 december 2022

The accused persons were found in recent possession of the deceased's motorcycle within hours of his murder, failed to provide a reasonable explanation, and one accused confessed to the killing. The circumstantial evidence, corroborated by the confession and conduct of the accused, proved beyond reasonable doubt that all three, with common intention and malice aforethought, unlawfully killed the deceased in the course of robbery.

Citation
republic vs yusuph ramadhan korongo and two others 2022 tzhc 15434 8 december 2022
Parties
Prosecution: Republic; Accused: Yusuph Ramadhan Korongo; Accused: Hussein Ally Ndiwinge; Accused: Faraji Selemani Hawaya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 December 2022
Procedural Posture
Criminal Sessions Case / Judgment After Full Trial
Outcome
Conviction and sentence to death by hanging for all accused persons.
Legal Topics
Murder, Burden of Proof, Circumstantial Evidence, Doctrine of Recent Possession, Malice Aforethought, Common Intention
Source Language
English
Criminal Law Murder Burden of Proof Circumstantial Evidence Doctrine of Recent Possession Malice Aforethought Common Intention

Case Brief

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Parties

Republic

Prosecution

Yusuph Ramadhan Korongo

Accused

Hussein Ally Ndiwinge

Accused

Faraji Selemani Hawaya

Accused

Procedural Posture

Criminal Sessions Case / Judgment After Full Trial

Legal Issues

  1. 1 Whether the deceased Christopher John Mbuya died an unnatural death
  2. 2 Whether the accused persons unlawfully caused the death of the deceased
  3. 3 Whether the killing was with malice aforethought

Ratio Decidendi

The accused persons were found in recent possession of the deceased's motorcycle within hours of his murder, failed to provide a reasonable explanation, and one accused confessed to the killing. The circumstantial evidence, corroborated by the confession and conduct of the accused, proved beyond reasonable doubt that all three, with common intention and malice aforethought, unlawfully killed the deceased in the course of robbery.

Court Disposition

Conviction and sentence to death by hanging for all accused persons.

Orders

  • Each of the accused persons is convicted of murder contrary to sections 196 and 197 of the Penal Code.
  • Each accused is sentenced to suffer death by hanging under section 26(1) of the Penal Code.