20110727 TZCA Mbeya

20110727 TZCA Mbeya

The post mortem report and PF3 were improperly admitted and are discounted; the medical report from Isanga Mental Institution was not admitted as an exhibit; however, the direct and corroborated evidence of six prosecution witnesses proved beyond reasonable doubt that the appellant unlawfully and intentionally killed the deceased with malice aforethought; the defence of insanity or intoxication was not established by the appellant.

Citation
20110727 TZCA Mbeya
Parties
Appellant: Daudi Papias @ Sabuni; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 July 2011
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence After Trial in High Court
Outcome
Appeal dismissed
Legal Topics
Murder, Admissibility of Evidence, Insanity Defence, Intoxication, Malice Aforethought
Source Language
English
Criminal Law Murder Admissibility of Evidence Insanity Defence Intoxication Malice Aforethought

Case Brief

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Parties

Daudi Papias @ Sabuni

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence After Trial in High Court

Legal Issues

  1. 1 Whether the post mortem report and PF3 were properly admitted in evidence
  2. 2 Whether the appellant was sane at the material time and whether the insanity or intoxication defence was established
  3. 3 Whether the prosecution proved the offence of murder beyond reasonable doubt

Ratio Decidendi

The post mortem report and PF3 were improperly admitted and are discounted; the medical report from Isanga Mental Institution was not admitted as an exhibit; however, the direct and corroborated evidence of six prosecution witnesses proved beyond reasonable doubt that the appellant unlawfully and intentionally killed the deceased with malice aforethought; the defence of insanity or intoxication was not established by the appellant.

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentence of death by hanging upheld