19900517 TZCA Mbeya7
The court held that the defence of legal provocation was not available to the appellant. The evidence showed no legal provocation by the deceased to the appellant that would entitle him to poison her. The appellant was guilty of murder as charged.
- Citation
- 19900517 TZCA Mbeya7
- Parties
- Appellant: Juma Lwimiko; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 17 May 1990
- Procedural Posture
- Criminal Appeal / Final Appellate Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Murder, Manslaughter, Provocation, Sentencing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Juma Lwimiko
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the defence of legal provocation was available to the appellant to reduce murder to manslaughter
- 2 Whether the appellant was guilty of murder under section 196 of the Penal Code
Ratio Decidendi
The court held that the defence of legal provocation was not available to the appellant. The evidence showed no legal provocation by the deceased to the appellant that would entitle him to poison her. The appellant was guilty of murder as charged.
Court Disposition
appeal dismissed
Orders
- conviction and sentence of death affirmed
Full Case Text
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