republic vs fahamu kauzeni baba samweli 2023 tzhc 22958 23 august 2023

The accused was positively identified by an eyewitness, found in recent possession of stolen items, and voluntarily confessed to the murder. Medical evidence corroborated the cause of death and the manner of attack. The prosecution proved beyond reasonable doubt that the accused unlawfully killed the deceased with malice aforethought.

Citation: republic vs fahamu kauzeni baba samweli 2023 tzhc 22958 23 august 2023
Parties: Prosecution: Republic; Accused: Fahamu s/o Kauzeni @ Baba Samweli
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 23 August 2023
Procedural Posture: Criminal / Judgment and Sentencing
Outcome: Conviction and sentence to death by hanging
Legal Topics: Murder, Malice Aforethought, Identification Evidence, Confession, Doctrine of Recent Possession
Source Language: English

Criminal Law Murder Malice Aforethought Identification Evidence Confession Doctrine of Recent Possession

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Parties

Republic

Prosecution

Fahamu s/o Kauzeni @ Baba Samweli

Accused

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

1 Whether the accused caused the death of Mtelanda s/o Msebe
2 Whether the accused acted with malice aforethought

Ratio Decidendi

Court Disposition

Conviction and sentence to death by hanging

Orders

The accused Fahamu s/o Kauzeni @ Baba Samweli is convicted of murder contrary to section 196 of the Penal Code [Cap 16 R.E 2019].
The accused is sentenced to suffer death by hanging pursuant to section 197 of the Penal Code [Cap 16 R.E 2019].