ferdinand so boniface vs republic 1986 tzca 74 8 march 1986
The appellant caused the death of the deceased, but due to lack of clear evidence of malice aforethought and the presence of contributory factors, the conviction for murder is quashed and substituted with manslaughter under section 195 of the Penal Code.
- Citation
- ferdinand so boniface vs republic 1986 tzca 74 8 march 1986
- Parties
- Appellant: Ferdinand s/o Boniface; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 8 March 1986
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal allowed; conviction for murder quashed; conviction for manslaughter substituted; sentence of 5 years imprisonment imposed
- Legal Topics
- Murder, Manslaughter, Malice Aforethought, Causation, Drunkenness as a Defence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Ferdinand s/o Boniface
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellant caused the death of the deceased
- 2 Whether the appellant had malice aforethought
- 3 Whether the conviction should be for murder or manslaughter
Ratio Decidendi
The appellant caused the death of the deceased, but due to lack of clear evidence of malice aforethought and the presence of contributory factors, the conviction for murder is quashed and substituted with manslaughter under section 195 of the Penal Code.
Court Disposition
appeal allowed; conviction for murder quashed; conviction for manslaughter substituted; sentence of 5 years imprisonment imposed
Orders
- Conviction for murder quashed
- Sentence of death set aside
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