bomboo amma vs republic 2018 tzca 410 1 october 2018

bomboo amma vs republic 2018 tzca 410 1 october 2018

The prosecution proved beyond reasonable doubt that the appellants, with malice aforethought, killed the deceased through their actions, utterances, and use of dangerous weapons. The appellants' defence was weak and did not shake the prosecution case. The cautioned statements were properly admitted for impeachment and not as prosecution exhibits; even if expunged, evidence was sufficient for conviction.

Citation
bomboo amma vs republic 2018 tzca 410 1 october 2018
Parties
Appellant: Bomboo Amma; Appellant: Petro Juma @ Lanta; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 October 2018
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Murder, Malice Aforethought, Admissibility of Evidence, Mob Killing, Common Intention
Source Language
English
Criminal Law Murder Malice Aforethought Admissibility of Evidence Mob Killing Common Intention

Case Brief

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Parties

Bomboo Amma

Appellant

Petro Juma @ Lanta

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether malice aforethought was established against the appellants
  2. 2 Whether the appellants' cautioned statements were wrongly admitted in evidence

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the appellants, with malice aforethought, killed the deceased through their actions, utterances, and use of dangerous weapons. The appellants' defence was weak and did not shake the prosecution case. The cautioned statements were properly admitted for impeachment and not as prosecution exhibits; even if expunged, evidence was sufficient for conviction.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence of death by hanging upheld