19871123 TZHC Mbeya

The prosecution failed to prove beyond reasonable doubt that the child was born alive and that the accused caused the death, so the accused must be acquitted.

Citation: 19871123 TZHC Mbeya
Parties: Prosecution: The Republic; Accused: Vick d/o Cwiamila
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 23 November 1987
Procedural Posture: Criminal Sessions Case / Judgment
Outcome: Acquittal
Legal Topics: Infanticide, Burden of Proof, Standard of Proof
Source Language: English

Criminal Law Infanticide Burden of Proof Standard of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2

Parties

The Republic

Prosecution

Vick d/o Cwiamila

Accused

Procedural Posture

Criminal Sessions Case / Judgment

Legal Issues

1 Whether the accused committed infanticide under section 199 of the Penal Code
2 Whether the child was born alive
3 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the child was born alive and that the accused caused the death, so the accused must be acquitted.

Court Disposition

Acquittal

Orders

Accused found not guilty and acquitted