19930812 TZCA Mbeya

19930812 TZCA Mbeya

The trial judge misdirected himself by removing the defence of provocation from consideration, despite evidence of serious provocation and intoxication during a family brawl. The appellant should have been convicted of manslaughter, not murder.

Citation
19930812 TZCA Mbeya
Parties
Appellant: Appellant (unnamed, female accused); Respondent: Respondent (State)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 August 1993
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
conviction for murder substituted with conviction for manslaughter
Legal Topics
Murder, Provocation, Intoxication, Malice Aforethought
Source Language
English
Criminal Law Murder Provocation Intoxication Malice Aforethought

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant (unnamed, female accused)

Appellant

Respondent (State)

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant caused the death of the deceased
  2. 2 Whether the death was caused with malice aforethought
  3. 3 Whether malice aforethought was negated by intoxication

Ratio Decidendi

The trial judge misdirected himself by removing the defence of provocation from consideration, despite evidence of serious provocation and intoxication during a family brawl. The appellant should have been convicted of manslaughter, not murder.

Court Disposition

conviction for murder substituted with conviction for manslaughter

Orders

  • Appellant's conviction for murder set aside
  • Appellant convicted of manslaughter