alphonce philibert vs republic 1980 tzca 9 29 march 1980
The appellant stabbed the deceased with a small knife, causing death by a wound to the heart; there was no legal provocation or sufficient intoxication to reduce the offence, and malice aforethought was established by the nature of the attack and motive.
Source-derived case information.
- Citation
- alphonce philibert vs republic 1980 tzca 9 29 march 1980
- Parties
- Appellant: Alphonce Philibert; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 29 March 1980
- Procedural Posture
- Criminal Appeal / Final Appellate Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Murder, Malice Aforethought, Provocation, Drunkenness, Role of Assessors
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alphonce Philibert
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the appellant stabbed and killed the deceased
- 2 Whether the appellant acted with malice aforethought
- 3 Whether provocation or drunkenness could reduce the offence to manslaughter
Ratio Decidendi
The appellant stabbed the deceased with a small knife, causing death by a wound to the heart; there was no legal provocation or sufficient intoxication to reduce the offence, and malice aforethought was established by the nature of the attack and motive.
Court Disposition
appeal dismissed
Orders
- conviction and sentence of death by hanging affirmed
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