19910308 TZHC Dar es Salaam3

19910308 TZHC Dar es Salaam3

The accused was positively identified by sight and voice, was not a stranger to the complainant, and demonstrated clear intent to kill by setting the house on fire and bolting the door. The prosecution proved its case beyond reasonable doubt.

Citation
19910308 TZHC Dar es Salaam3
Parties
Prosecution: Republic; Complainant: Antoineta d/o Salumu; Accused: Raphael Maliseli
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 March 1991
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Attempted Murder, Identification Evidence, Intent, Sentencing
Source Language
English
Criminal Law Attempted Murder Identification Evidence Intent Sentencing

Case Brief

Summary, issues, holding and outcome

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Parties

Republic

Prosecution

Antoineta d/o Salumu

Complainant

Raphael Maliseli

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused attempted to unlawfully kill the complainant
  2. 2 Whether identification of the accused was reliable
  3. 3 Whether intent to kill was established

Ratio Decidendi

The accused was positively identified by sight and voice, was not a stranger to the complainant, and demonstrated clear intent to kill by setting the house on fire and bolting the door. The prosecution proved its case beyond reasonable doubt.

Court Disposition

conviction

Orders

  • Accused sentenced to two years imprisonment, wholly suspended for six months on condition of good behavior.
  • Assessors thanked and discharged.