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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the conviction for murder was supported by the evidence
- 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
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