19861020 TZCA Dar es Salaam 1

19861020 TZCA Dar es Salaam 1

The conviction for murder cannot be sustained because the appellant acted in the heat of passion caused by wrongful acts during a hostile commotion, amounting to legal provocation. The appellant is liable for manslaughter, not murder.

Source-derived case information.

Citation
19861020 TZCA Dar es Salaam 1
Parties
Appellant: Ferdinand s/o Boniface; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 October 1986
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed; conviction for murder quashed; conviction for manslaughter substituted; sentence imposed
Legal Topics
Murder, Manslaughter, Provocation, Drunkenness
Source Language
english
Criminal Law Murder Manslaughter Provocation Drunkenness

Source-derived case record

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. 1 Whether the appellant unlawfully killed the deceased
  2. 2 Whether the appellant acted with malice aforethought
  3. 3 Whether the appellant was provoked or intoxicated so as to reduce liability from murder to manslaughter

Ratio Decidendi

The conviction for murder cannot be sustained because the appellant acted in the heat of passion caused by wrongful acts during a hostile commotion, amounting to legal provocation. The appellant is liable for manslaughter, not murder.

Court Disposition

appeal allowed; conviction for murder quashed; conviction for manslaughter substituted; sentence imposed

Orders

  • Conviction for murder quashed
  • Sentence of death set aside