bakari hassan vs republic 2012 tzca 147 4 july 2012

bakari hassan vs republic 2012 tzca 147 4 july 2012

The prosecution failed to prove malice aforethought as required for murder. The appellant admitted the killing but not intentional killing, and the evidence showed a fight initiated by the deceased. The conviction for murder was quashed and substituted with manslaughter.

Citation
bakari hassan vs republic 2012 tzca 147 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 and substituted with manslaughter; sentence of death set aside; appellant sentenced to 20 years imprisonment
Legal Topics
Murder, Manslaughter, Malice Aforethought, Intoxication, Self Defence, Burden of Proof
Source Language
English
Criminal Law Murder Manslaughter Malice Aforethought Intoxication Self Defence Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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 defence of intoxication or self-defence was available to the appellant
  3. 3 Whether the prosecution proved the case beyond reasonable doubt

Ratio Decidendi

The prosecution failed to prove malice aforethought as required for murder. The appellant admitted the killing but not intentional killing, and the evidence showed a fight initiated by the deceased. The conviction for murder was quashed and substituted with manslaughter.

Court Disposition

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

Orders

  • Conviction for murder quashed
  • Conviction for manslaughter substituted