19841016 TZCA Dar es Salaam
The appellant was not acting under legal provocation; the killing was an act of revenge and not justified by the existing tension. The appeal lacks merit and is dismissed.
- Citation
- 19841016 TZCA Dar es Salaam
- Parties
- Appellant: Hamad Omari; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 16 October 1984
- Procedural Posture
- Criminal Appeal / Final Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Murder, Provocation, Sentencing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Hamad Omari
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Final Judgment
Legal Issues
- 1 Whether the appellant was entitled to the defence of provocation
- 2 Whether the trial judge erred in not considering provocation and not directing assessors on it
Ratio Decidendi
The appellant was not acting under legal provocation; the killing was an act of revenge and not justified by the existing tension. The appeal lacks merit and is dismissed.
Court Disposition
appeal dismissed
Orders
- conviction and sentence affirmed
Full Case Text
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