ally kuachana vs republic 1982 tzca 1 19 august 1982

ally kuachana vs republic 1982 tzca 1 19 august 1982

The facts of the case do not support the defence of provocation by witchcraft; the appellant's actions do not meet the legal threshold for provocation.

Citation
ally kuachana vs republic 1982 tzca 1 19 august 1982
Parties
Appellant: Ally Kuachana; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 August 1982
Procedural Posture
Criminal Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Murder, Provocation, Witchcraft
Source Language
English

Case Brief

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Parties

Ally Kuachana

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Judgment

  1. 1 Whether the defence of provocation by witchcraft is available in a murder charge

Ratio Decidendi

The facts of the case do not support the defence of provocation by witchcraft; the appellant's actions do not meet the legal threshold for provocation.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence of death by hanging upheld