19890529 TZCA Dar es Salaam2 1

19890529 TZCA Dar es Salaam2 1

The appellant's story of provocation was found to be false and unsupported by evidence. The prosecution's eyewitnesses were credible, and the appellant killed his wife with malice aforethought. The conviction and sentence were upheld.

Citation
19890529 TZCA Dar es Salaam2 1
Parties
Appellant: Bosco Mikungile; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 May 1989
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence of Death by the High Court of Tanzania at Iringa
Outcome
appeal dismissed; conviction and sentence of death affirmed
Legal Topics
Murder, Malice Aforethought, Evidence Assessment, Defence of Provocation
Source Language
English

Case Brief

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Parties

Bosco Mikungile

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence of Death by the High Court of Tanzania at Iringa

  1. 1 Whether the conviction for murder was supported by the evidence
  2. 2 Whether the appellant's defence of provocation or adultery was credible

Ratio Decidendi

The appellant's story of provocation was found to be false and unsupported by evidence. The prosecution's eyewitnesses were credible, and the appellant killed his wife with malice aforethought. The conviction and sentence were upheld.

Court Disposition

appeal dismissed; conviction and sentence of death affirmed

Orders

  • Appeal dismissed
  • Conviction and sentence of death by the High Court affirmed