19910611 TZCA Mwanza1
The evidence did not support the defence of intoxication; the respondent knew what he was doing and acted with malice aforethought. The conviction for manslaughter was erroneous and should be substituted with murder.
- Citation
- 19910611 TZCA Mwanza1
- Parties
- Appellant: Director of Public Prosecutions; Respondent: Mayengo Royilo
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 11 June 1991
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Murder, Manslaughter, Intoxication, Malice Aforethought
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Parties
Director of Public Prosecutions
Appellant
Mayengo Royilo
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the defence of intoxication was sustainable
- 2 Whether malice aforethought was established for murder
Ratio Decidendi
The evidence did not support the defence of intoxication; the respondent knew what he was doing and acted with malice aforethought. The conviction for manslaughter was erroneous and should be substituted with murder.
Court Disposition
appeal allowed
Orders
- Conviction for manslaughter quashed
- Sentence of five years imprisonment set aside
Full Case Text
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