19880801 TZCA Dar es Salaam2

19880801 TZCA Dar es Salaam2

The trial judge and assessors were justified in rejecting the appellant's story and finding that he shot the deceased merely on suspicion, not on sufficient provocation. The appeal lacks merit and is dismissed.

Citation
19880801 TZCA Dar es Salaam2
Parties
Appellant: Appellant; Respondent: Respondent
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 August 1988
Procedural Posture
Criminal Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Murder, Provocation, Assessment of Evidence
Source Language
English
Criminal Law Murder Provocation Assessment of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Criminal Appeal / Final Judgment

Legal Issues

  1. 1 Whether the appellant was guilty of murder contrary to section 196 of the Penal Code
  2. 2 Whether the defence of provocation was properly rejected by the trial court

Ratio Decidendi

The trial judge and assessors were justified in rejecting the appellant's story and finding that he shot the deceased merely on suspicion, not on sufficient provocation. The appeal lacks merit and is dismissed.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence of death affirmed