republic vs herbeth karinti saideya omwanita 2022 tzhc 15034 7 december 2022
The evidence established that the accused caused the deceased's death during a fight while intoxicated, without malice aforethought. Therefore, the accused is guilty of manslaughter, not murder.
- Citation
- republic vs herbeth karinti saideya omwanita 2022 tzhc 15034 7 december 2022
- Parties
- Complainant: Republic; Respondent: Herbeth Karinti Saideya @ Omwanita
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 December 2022
- Procedural Posture
- Criminal / Judgment
- Outcome
- conviction for manslaughter
- Legal Topics
- Murder, Manslaughter, Malice Aforethought, Intoxication, Provocation
- Source Language
- English
Case Brief
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Parties
Republic
Complainant
Herbeth Karinti Saideya @ Omwanita
Respondent
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused is guilty of murder or manslaughter
- 2 Whether malice aforethought was established
Ratio Decidendi
The evidence established that the accused caused the deceased's death during a fight while intoxicated, without malice aforethought. Therefore, the accused is guilty of manslaughter, not murder.
Court Disposition
conviction for manslaughter
Orders
- Accused convicted of manslaughter contrary to section 195 read together with section 198 of the Penal Code, Cap 16, Revised Edition, 2002.
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