19900903 TZCA Mbeya2
The common intention was to punish unlawfully, not to kill or cause grievous bodily harm. There was no malice aforethought; thus, the conviction for murder is quashed and replaced with manslaughter.
- Citation
- 19900903 TZCA Mbeya2
- Parties
- Appellant: Isaidilo Isamiji; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 3 September 1990
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed in part
- Legal Topics
- Murder, Manslaughter, Common Intention, Unlawful Punishment
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Isaidilo Isamiji
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant should be convicted of murder or manslaughter
- 2 Whether common intention to punish unlawfully amounts to murder
Ratio Decidendi
The common intention was to punish unlawfully, not to kill or cause grievous bodily harm. There was no malice aforethought; thus, the conviction for murder is quashed and replaced with manslaughter.
Court Disposition
appeal allowed in part
Orders
- Conviction for murder quashed
- Sentence of death set aside
Full Case Text
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