NA TZCA mWANZA 2
The Court of Appeal found that the trial High Court erred in relying on the evidence of a witness whose credibility had been impeached and failed to properly consider the defence of mutual fight, which could reduce the offence from murder to manslaughter.
- Citation
- NA TZCA mWANZA 2
- Parties
- Appellant: Cosmas Faustine; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 1999
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- Appeal allowed
- Legal Topics
- Murder, Manslaughter, Credibility of Witnesses, Self Defence, Mutual Fight
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Cosmas Faustine
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the conviction for murder was proper given the evidence and defence of mutual fight
- 2 Whether the trial court erred in relying on impeached witness testimony
- 3 Whether the trial court properly considered the defence case
Ratio Decidendi
The Court of Appeal found that the trial High Court erred in relying on the evidence of a witness whose credibility had been impeached and failed to properly consider the defence of mutual fight, which could reduce the offence from murder to manslaughter.
Court Disposition
Appeal allowed
Orders
- Conviction for murder quashed
- Sentence of death set aside
Full Case Text
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