cosmas faustine vs republic 2011 tzca 39 14 november 2011
The appellant manifested homicidal intent by threatening the deceased, drawing a knife, and stabbing the deceased as he fled, constituting malice aforethought and supporting the murder conviction. The trial court properly considered and dismissed the defence of mutual fight as an afterthought.
- Citation
- cosmas faustine vs republic 2011 tzca 39 14 november 2011
- Parties
- Appellant: Cosmas Faustine; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 14 November 2011
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Murder, Manslaughter, Malice Aforethought, Credibility of Witnesses, Mutual Fight, Appeal Procedure
- 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 trial court erred in finding the appellant guilty of murder instead of manslaughter
- 2 Whether the trial court erred in fact by failing to hold that the deceased died as a result of a fight
- 3 Whether the trial court properly considered the credibility of prosecution witnesses
Ratio Decidendi
The appellant manifested homicidal intent by threatening the deceased, drawing a knife, and stabbing the deceased as he fled, constituting malice aforethought and supporting the murder conviction. The trial court properly considered and dismissed the defence of mutual fight as an afterthought.
Court Disposition
appeal dismissed
Full Case Text
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