19840720 TZCA Dar es Salaam2
The appellant was not acting in self-defence or under legal provocation when he stabbed the deceased, as the group was unarmed and lawfully attempting to apprehend him. The use of a knife on an unarmed man established malice aforethought, justifying the conviction.
- Citation
- 19840720 TZCA Dar es Salaam2
- Parties
- Appellant: Dickson Mandau; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 20 July 1984
- Procedural Posture
- Criminal Appeal / Final Appellate Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Murder, Self Defence, Provocation, Malice Aforethought
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Dickson Mandau
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the appellant acted in self-defence
- 2 Whether the appellant was provoked
- 3 Whether malice aforethought was established
Ratio Decidendi
The appellant was not acting in self-defence or under legal provocation when he stabbed the deceased, as the group was unarmed and lawfully attempting to apprehend him. The use of a knife on an unarmed man established malice aforethought, justifying the conviction.
Court Disposition
appeal dismissed
Orders
- conviction and sentence affirmed
Full Case Text
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