19950523 TZCA Dar es Salaam 1

19950523 TZCA Dar es Salaam 1

The appellant was entitled to the defence of self-defence as his life was threatened by the deceased, but used more force than was reasonably necessary. Under section 18B(3) of the Penal Code, this constitutes manslaughter, not murder.

Citation
19950523 TZCA Dar es Salaam 1
Parties
Appellant: Appellant; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 May 1995
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence of Murder by the High Court
Outcome
Appeal allowed in part; conviction for murder and sentence of death set aside; conviction for manslaughter substituted.
Legal Topics
Murder, Manslaughter, Self Defence, Excessive Force
Source Language
English
Criminal Law Murder Manslaughter Self Defence Excessive Force

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Parties

Appellant

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence of Murder by the High Court

Legal Issues

  1. 1 Whether the appellant was entitled to the defence of self-defence
  2. 2 Whether the appellant used excessive force
  3. 3 Whether the conviction should be for murder or manslaughter

Ratio Decidendi

The appellant was entitled to the defence of self-defence as his life was threatened by the deceased, but used more force than was reasonably necessary. Under section 18B(3) of the Penal Code, this constitutes manslaughter, not murder.

Court Disposition

Appeal allowed in part; conviction for murder and sentence of death set aside; conviction for manslaughter substituted.

Orders

  • Conviction for murder set aside
  • Conviction for manslaughter entered