19841108 TZHC Mtwara

19841108 TZHC Mtwara

The appellant acted in an emergency created by the lorry driver's negligence and responded as a prudent driver would; there was no evidence of dangerous driving by the appellant.

Citation
19841108 TZHC Mtwara
Parties
Appellant: CPL. Gregory; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 November 1984
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed; conviction quashed; sentence set aside
Legal Topics
Dangerous Driving, Causing Death by Dangerous Driving, Criminal Appeals
Source Language
English
Criminal Law Traffic Law Dangerous Driving Causing Death by Dangerous Driving Criminal Appeals

Case Brief

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Parties

CPL. Gregory

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was guilty of causing death by dangerous driving

Ratio Decidendi

The appellant acted in an emergency created by the lorry driver's negligence and responded as a prudent driver would; there was no evidence of dangerous driving by the appellant.

Court Disposition

appeal allowed; conviction quashed; sentence set aside

Orders

  • Conviction quashed
  • Sentence set aside