19901010 TZHC Dar es Salaam2
- Citation
- 19901010 TZHC Dar es Salaam2
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 10 October 1990
- Posture
- Criminal Appeal / Judgment on Appeal
- Language
- English
More details
- Court
- TZHC
- Decision
- 10 October 1990
- Posture
- Criminal Appeal / Judgment on Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that the respondents were reasonably provoked by the complainant's adulterous conduct and that the trial magistrate's order for absolute discharge was appropriate, expressing the court's disapproval of the complainant's immorality.
Court disposition
appeal dismissed
Orders
- Order for absolute discharge of respondents sustained
02
Material facts
Parties
Director of Public Prosecutions
AppellantZuhura Abdallah
RespondentAnother (unnamed)
Respondent03
Procedural history
Posture
Criminal Appeal / Judgment on Appeal
04
Questions and positions
Legal issues
- 01
Whether the unconditional discharge of the respondents after conviction for wounding was proper in law
- 02
Whether provocation by the complainant justified the discharge
Party arguments
- Applicant
- The Director of Public Prosecutions argued that the unconditional discharge of the respondents after conviction for wounding was improper and appealed against the discharge order.
- Respondent
- The respondents relied on the provocation caused by the complainant's adulterous conduct as justification for their actions and the discharge.
05
Court’s reasoning
Legal principles
- 01
Penal Code, section 35 and judicial discretion
Provocation may be considered in sentencing for offences involving violence, particularly where the complainant's conduct is morally reprehensible.
06
Ratio, limits and disposition
Ratio decidendi
The court held that the respondents were reasonably provoked by the complainant's adulterous conduct and that the trial magistrate's order for absolute discharge was appropriate, expressing the court's disapproval of the complainant's immorality.
Obiter and limits
- The court ought to frown against such immorality as displayed by the complainant.
Court disposition
appeal dismissed
- Order for absolute discharge of respondents sustained
Source and reliance status
TZHC · 10 October 1990
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Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 10 October 1990
- ~-~~ ... •••, ••.: ,. ..... ---.-.""::; .... 'T •,a•-• //7L ·.d .f.-~-''., IN THE nIGH COURT OF TANZANIA AT DAR ES S1\LAAM IJ>P3Ll,ATE JURISDICTION HIGH COURT CRil'.UNl.L ,WPEAL NO~ 28 OF 198~ (From original Criminal Case No~ 117 of 1986 of the District Co.urt o:f: Ilnla District at Kisutu) THE DIRECTOR OF PUBLIC PROSECUTIONS ...... . APPELLANT , · (Original Prosecutor). versus ZUHURA ABDALLAH AND ANOTHER . . . . . . . . . . . . RESPONDENT ~ (Original Accused)
JUDGMENT After convictins the respondents of wounding contrary to section 228 of the Penal Code, the learned trial district magistrate discharged them unconditionally under section JS of the Penal Code. The Director of Public Prosecutions is appealing against the snid- discharge order. The two respondents are sisters. The second respondent had a quarrel with her husband and she decided to seek re1~u 5 e to her parents• home. However, her father ordered her to refurn to her husband. Reluctantly, second resportdent obeyed ;:-. her father's order and she was escorted back by her young sister- the first respondent. At the matrimonial house of the second respondent they :found the complainant,. who it transpired, was {. l. a long time lover of the second respondent•s husband. Both respondents att~cked her jointly and caused her to suffer some dangerous harm. CJ'hen discharging the respondents 1 the learned trial magistrate was influenced by the fact that respondents 1- were reasonably provoked by the adulterous conduct of the complainant. I respectfully associate myself with tho le~rned •••. \I' • • • • • /2 I 2 t~ial magistrate•s sentiment. I think by dis~harging the re~pondents, the court :fittingly expressed its abhor.ranee against complainant t ~. misc0nduct. Complainant• .s decision to impose upon herself' the matrimonial con:fidenc·e in disreard to second respondent's marriage sanctity Wf!S an act o-£ extreme' . i~oral arrogance. The court ou~ht _to f'rawn .agains,t such ·immorality. The order for absolute discharge' is ~ustained hence this appeal is dismissed. ' . ~~~ J{. A• Msumi
JUD G E 10/10/1990
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