republic vs masumbuko fredrick 2022 tzhc 14881 29 november 2022
The accused acted under sudden provocation caused by the deceased's words and circumstances related to witchcraft, depriving him of self-control, and therefore is guilty of manslaughter, not murder.
- Citation
- republic vs masumbuko fredrick 2022 tzhc 14881 29 november 2022
- Parties
- Prosecution: The Republic; Accused: Masumbuko Fredrick
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 November 2022
- Procedural Posture
- Criminal Sessions Case / Judgment and Sentencing
- Outcome
- Conviction for manslaughter; sentenced to one year imprisonment from date of order.
- Legal Topics
- Murder, Manslaughter, Provocation, Witchcraft, Sentencing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Masumbuko Fredrick
Accused
Procedural Posture
Criminal Sessions Case / Judgment and Sentencing
Legal Issues
- 1 Whether killing by reason of witchcraft unaccompanied by physical attack can invite the defence of provocation in murder charges
- 2 Whether the accused acted under sudden provocation depriving self-control
Ratio Decidendi
The accused acted under sudden provocation caused by the deceased's words and circumstances related to witchcraft, depriving him of self-control, and therefore is guilty of manslaughter, not murder.
Court Disposition
Conviction for manslaughter; sentenced to one year imprisonment from date of order.
Orders
- Accused convicted of manslaughter contrary to sections 195 and 198 of the Penal Code.
- Accused sentenced to one year imprisonment from 29th November 2022.
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