19911022 TZCA Arusha

19911022 TZCA Arusha

The appellant was not intoxicated to the extent required by law to negate intent, nor was he provoked by the deceased's actions or words. The evidence established beyond reasonable doubt that the appellant had the requisite mens rea for murder and the conviction was proper.

Citation
19911022 TZCA Arusha
Parties
Appellant: Appellant (Name not specified); Respondent: Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 October 1991
Procedural Posture
Criminal Appeal / Judgment on Appeal From High Court Conviction
Outcome
Appeal dismissed; conviction and sentence for murder affirmed.
Legal Topics
Murder, Intoxication, Provocation, Evidence
Source Language
English
Criminal Law Murder Intoxication Provocation Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Appellant (Name not specified)

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal From High Court Conviction

Legal Issues

  1. 1 Whether the appellant was intoxicated to the extent of lacking the requisite mens rea for murder
  2. 2 Whether the appellant was provoked by the deceased so as to reduce the offence from murder to manslaughter
  3. 3 Whether the conviction for murder was against the weight of evidence

Ratio Decidendi

The appellant was not intoxicated to the extent required by law to negate intent, nor was he provoked by the deceased's actions or words. The evidence established beyond reasonable doubt that the appellant had the requisite mens rea for murder and the conviction was proper.

Court Disposition

Appeal dismissed; conviction and sentence for murder affirmed.