19701106 TZHC Mwanza3

19701106 TZHC Mwanza3

Convictions for grievous harm cannot be supported as the evidence does not establish which appellant inflicted the grievous injury or that there was common intention; thus, only simple assault could be sustained, but given the circumstances and time in custody, convictions and sentences are set aside without order for re-trial.

Citation
19701106 TZHC Mwanza3
Parties
Appellant: Kntwale Masubi; Appellant: Buginha Kahesela; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 November 1970
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal allowed; convictions and sentences set aside
Legal Topics
Grievous Harm, Joint Liability, Self Defence, Provocation, Re Trial Discretion
Source Language
English
Criminal Law Grievous Harm Joint Liability Self Defence Provocation Re Trial Discretion

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Parties

Kntwale Masubi

Appellant

Buginha Kahesela

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether both appellants could be convicted of grievous harm on the facts
  2. 2 Whether joint liability was established for the grievous harm
  3. 3 Whether a re-trial should be ordered after setting aside conviction

Ratio Decidendi

Convictions for grievous harm cannot be supported as the evidence does not establish which appellant inflicted the grievous injury or that there was common intention; thus, only simple assault could be sustained, but given the circumstances and time in custody, convictions and sentences are set aside without order for re-trial.

Court Disposition

appeal allowed; convictions and sentences set aside

Orders

  • appellants to be released unless otherwise lawfully held in custody