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
Summary, issues, holding and outcome
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Parties
Lameck Kishindo
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Final Judgment
Legal Issues
- 1 Whether the appellant was entitled to the defence of self-defence
- 2 Whether the appellant was entitled to the defence of provocation
- 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
Full Case Text
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