19940812 TZCA Mwanza
The evidence established that the appellants were not intoxicated to the extent of insanity or incapacity to form intent; their conduct demonstrated planning and intent, negating the defence of drunkenness.
- Citation
- 19940812 TZCA Mwanza
- Parties
- Appellant: Cossus Nicodemo; Appellant: Buit Mida Kijitize; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 12 August 1994
- Procedural Posture
- Criminal Appeal / Final Appellate Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Murder, Intoxication Defence, Intent
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Cossus Nicodemo
Appellant
Buit Mida Kijitize
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the defence of intoxication negates intent for murder
- 2 Whether appellants were incapable of forming intent due to drunkenness
Ratio Decidendi
The evidence established that the appellants were not intoxicated to the extent of insanity or incapacity to form intent; their conduct demonstrated planning and intent, negating the defence of drunkenness.
Court Disposition
appeal dismissed
Orders
- Conviction and sentence of death affirmed
Full Case Text
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