19840720 TZCA Dar es Salaam2

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

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Parties

Dickson Mandau

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

  1. 1 Whether the appellant acted in self-defence
  2. 2 Whether the appellant was provoked
  3. 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