19870704 TZHC Dar es Salaam2

19870704 TZHC Dar es Salaam2

Neither self-defence nor provocation was available to the appellant because the alleged provocation was not committed in his presence, and the evidence of the prosecution witnesses was credible, justifying the conviction for murder.

Citation
19870704 TZHC Dar es Salaam2
Parties
Appellant: Lameck Kishindo; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 July 1987
Procedural Posture
Criminal Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Murder, Self Defence, Provocation, Manslaughter
Source Language
English

Case Brief

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Parties

Lameck Kishindo

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Judgment

  1. 1 Whether the appellant was entitled to the defence of self-defence
  2. 2 Whether the appellant was entitled to the defence of provocation
  3. 3 Whether the conviction for murder was proper

Ratio Decidendi

Neither self-defence nor provocation was available to the appellant because the alleged provocation was not committed in his presence, and the evidence of the prosecution witnesses was credible, justifying the conviction for murder.

Court Disposition

appeal dismissed

Orders

  • Conviction and sentence for murder affirmed