daniel dominico vs republic 1987 tzca 86 28 may 1987
The appellant's claim of provocation was false and disproved by evidence; even if insults occurred, the reaction was disproportionate. The appellant was not sufficiently intoxicated to negate intent, and he acted with presence of mind. Both defences failed, and the conviction for murder was upheld.
- Citation
- daniel dominico vs republic 1987 tzca 86 28 may 1987
- Parties
- Appellant: Daniel Dominico; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 28 May 1987
- Procedural Posture
- Criminal Appeal / Final Appellate Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Murder, Defences of Provocation and Intoxication
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Daniel Dominico
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the appellant was provoked to kill the deceased
- 2 Whether intoxication was a valid defence to murder
Ratio Decidendi
The appellant's claim of provocation was false and disproved by evidence; even if insults occurred, the reaction was disproportionate. The appellant was not sufficiently intoxicated to negate intent, and he acted with presence of mind. Both defences failed, and the conviction for murder was upheld.
Court Disposition
appeal dismissed
Orders
- conviction and sentence of death for murder affirmed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment