19841201 TZCA Dar es Salaam

19841201 TZCA Dar es Salaam

The appellant was not acting in self-defence as he was no longer in danger when he shot the deceased. However, the evidence did not prove beyond reasonable doubt that the appellant was capable of forming the requisite intent for murder due to intoxication. Therefore, the conviction for murder was quashed and substituted with manslaughter.

Citation
19841201 TZCA Dar es Salaam
Parties
Appellant: Kabatega s/o Lwakheba; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 December 1984
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
appeal allowed; conviction for murder quashed; conviction for manslaughter substituted; sentence of imprisonment imposed
Legal Topics
Murder, Manslaughter, Self Defence, Intoxication, Malice Aforethought
Source Language
English
Criminal Law Murder Manslaughter Self Defence Intoxication Malice Aforethought

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Parties

Kabatega s/o Lwakheba

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant acted in self-defence
  2. 2 Whether the appellant was so intoxicated as to lack the capacity to form malice aforethought

Ratio Decidendi

The appellant was not acting in self-defence as he was no longer in danger when he shot the deceased. However, the evidence did not prove beyond reasonable doubt that the appellant was capable of forming the requisite intent for murder due to intoxication. Therefore, the conviction for murder was quashed and substituted with manslaughter.

Court Disposition

appeal allowed; conviction for murder quashed; conviction for manslaughter substituted; sentence of imprisonment imposed

Orders

  • Conviction for murder quashed
  • Sentence of death set aside