19890722 TZCA Dar es Salaam2

19890722 TZCA Dar es Salaam2

The appellant fetched a weapon from his home, returned to the scene, and shot the deceased without lawful justification or excuse. Evidence showed opportunity to cool off, negating provocation and self-defence. Intoxication was insufficient to negate intent, as appellant demonstrated lucid memory and purposeful action. Malice aforethought was established; conviction and sentence upheld.

Citation
19890722 TZCA Dar es Salaam2
Parties
Deceased: Igarya s/o Igarya; Appellant: Appellant (name not specified)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 July 1989
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
Appeal dismissed
Legal Topics
Murder, Intoxication, Self Defence, Provocation
Source Language
English
Criminal Law Murder Intoxication Self Defence Provocation

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Parties

Igarya s/o Igarya

Deceased

Appellant (name not specified)

Appellant

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the appellant acted with malice aforethought in killing the deceased
  2. 2 Whether the appellant was so intoxicated as to lack intent
  3. 3 Whether the defences of provocation or self-defence were available

Ratio Decidendi

The appellant fetched a weapon from his home, returned to the scene, and shot the deceased without lawful justification or excuse. Evidence showed opportunity to cool off, negating provocation and self-defence. Intoxication was insufficient to negate intent, as appellant demonstrated lucid memory and purposeful action. Malice aforethought was established; conviction and sentence upheld.

Court Disposition

Appeal dismissed

Orders

  • Conviction and death sentence for murder affirmed