mrefu vs republic 2017 tzca 71 2 august 2017

Malice aforethought was not established by the evidence; although the appellant caused the death of the deceased, the circumstances indicated a scuffle without premeditation. Therefore, the conviction for murder was quashed and substituted with manslaughter.

Citation: mrefu vs republic 2017 tzca 71 2 august 2017
Parties: Appellant: Emmanuel Mrefu @ Bilinje; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 2 August 2017
Procedural Posture: Criminal Appeal / Appeal From High Court Judgment
Outcome: conviction for murder quashed and substituted with manslaughter; sentence of death set aside; appellant sentenced to five years imprisonment from date of judgment
Legal Topics: Murder, Manslaughter, Malice Aforethought, Dying Declaration, Identification Evidence
Source Language: English

Criminal Law Murder Manslaughter Malice Aforethought Dying Declaration Identification Evidence

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Parties

Emmanuel Mrefu @ Bilinje

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment

Legal Issues

1 Whether the appellant was properly identified as the perpetrator
2 Whether malice aforethought was established to sustain a conviction for murder
3 Whether the dying declaration was properly admitted and relied upon

Ratio Decidendi

Court Disposition

conviction for murder quashed and substituted with manslaughter; sentence of death set aside; appellant sentenced to five years imprisonment from date of judgment

Orders

Conviction for murder quashed
Conviction for manslaughter substituted