bakari hassan vs republic 2012 tzca 27 4 july 2012

bakari hassan vs republic 2012 tzca 27 4 july 2012

The prosecution failed to prove malice aforethought as the appellant's statements, relied upon by the prosecution, did not establish intent to kill. The evidence showed a fight initiated by the deceased, and the appellant acted in self-defence under provocation and intoxication. Therefore, the conviction for murder was not sustainable and was substituted with manslaughter.

Citation
bakari hassan vs republic 2012 tzca 27 4 july 2012
Parties
Appellant: Bakari Hassan; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 July 2012
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
appeal allowed in part; conviction for murder quashed; conviction for manslaughter substituted; sentence of death set aside; appellant sentenced to 20 years imprisonment
Legal Topics
Murder, Manslaughter, Malice Aforethought, Self Defence, Intoxication, Burden of Proof
Source Language
English
Criminal Law Murder Manslaughter Malice Aforethought Self Defence Intoxication Burden of Proof

Case Brief

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Parties

Bakari Hassan

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant killed the deceased with malice aforethought
  2. 2 Whether the appellant's defence of intoxication and self-defence was properly considered
  3. 3 Whether the prosecution proved the charge of murder beyond reasonable doubt

Ratio Decidendi

The prosecution failed to prove malice aforethought as the appellant's statements, relied upon by the prosecution, did not establish intent to kill. The evidence showed a fight initiated by the deceased, and the appellant acted in self-defence under provocation and intoxication. Therefore, the conviction for murder was not sustainable and was substituted with manslaughter.

Court Disposition

appeal allowed in part; conviction for murder quashed; conviction for manslaughter substituted; sentence of death set aside; appellant sentenced to 20 years imprisonment

Orders

  • Conviction for murder quashed
  • Conviction for manslaughter substituted under section 195 of the Penal Code