19810521 TZCA Dar es Salaam

19810521 TZCA Dar es Salaam

The evidence did not establish deliberate and malicious intent to kill by the first appellant, but his actions were unlawful and reckless, supporting a conviction for manslaughter. There was no evidence of common intention between the appellants to commit murder; thus, the second appellant was entitled to acquittal.

Citation
19810521 TZCA Dar es Salaam
Parties
Appellant: Deusdedit Kilangwana; Appellant: Athumani Ahamada; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 May 1981
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence of the High Court of Tanzania at Bukoba
Outcome
appeal allowed in part
Legal Topics
Murder, Manslaughter, Common Intention, Unlawful Killing, Sentencing
Source Language
English
Criminal Law Murder Manslaughter Common Intention Unlawful Killing Sentencing

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Parties

Deusdedit Kilangwana

Appellant

Athumani Ahamada

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence of the High Court of Tanzania at Bukoba

Legal Issues

  1. 1 Whether the conviction for murder against the first appellant was sustainable
  2. 2 Whether the second appellant was guilty of murder by common intention

Ratio Decidendi

The evidence did not establish deliberate and malicious intent to kill by the first appellant, but his actions were unlawful and reckless, supporting a conviction for manslaughter. There was no evidence of common intention between the appellants to commit murder; thus, the second appellant was entitled to acquittal.

Court Disposition

appeal allowed in part

Orders

  • Conviction for murder against the first appellant quashed and sentence of death set aside; substituted with conviction for manslaughter and sentence of ten years' imprisonment.
  • Conviction and sentence of death against the second appellant quashed; second appellant to be released from prison forthwith unless lawfully held for another matter.