na TZHC Mbeya

na TZHC Mbeya

The accused intended to kill the complainant, began to put their intention into effect, and performed an overt act by smearing what they believed to be poison on the straw and handing it to the complainant. The absence of actual poison does not negate liability for attempt, as their belief and actions satisfy the requirements for attempted murder.

Citation
na TZHC Mbeya
Parties
Prosecution: The Republic; Accused: Raphael s/o Songareti; Accused: Kuziliwa s/o Mwanjiala
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 December 1970
Procedural Posture
Criminal Sessions Case / Judgment
Outcome
Conviction
Legal Topics
Attempted Murder, Intent, Overt Act, Mistake of Fact
Source Language
English
Criminal Law Attempted Murder Intent Overt Act Mistake of Fact

Case Brief

Summary, issues, holding and outcome

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Parties

The Republic

Prosecution

Raphael s/o Songareti

Accused

Kuziliwa s/o Mwanjiala

Accused

Procedural Posture

Criminal Sessions Case / Judgment

Legal Issues

  1. 1 Whether the accused committed the offence of attempted murder under section 211(1) of the Penal Code
  2. 2 Whether a mistaken belief as to the efficacy of the means used negates criminal liability for attempt

Ratio Decidendi

The accused intended to kill the complainant, began to put their intention into effect, and performed an overt act by smearing what they believed to be poison on the straw and handing it to the complainant. The absence of actual poison does not negate liability for attempt, as their belief and actions satisfy the requirements for attempted murder.

Court Disposition

Conviction

Orders

  • Both accused found guilty of attempted murder.