19840925 TZHC Mbeya
The appellant's act of going off the road to avoid a collision was not dangerous driving; the accident was caused by the deceased parking on the wrong side of the road, and the appellant cannot be blamed for the resulting death.
- Citation
- 19840925 TZHC Mbeya
- Parties
- Appellant: Lut Stein; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 25 September 1984
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Dangerous Driving, Causing Death by Dangerous Driving, Road Traffic Offences, Contributory Negligence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Parties
Lut Stein
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant's act constituted dangerous driving under section 40(1)(a) of the Road Traffic Act
- 2 Whether the appellant could be expected to know the deceased was in the grass mending a tyre
- 3 Whether the deceased's parking contributed to the accident
Ratio Decidendi
The appellant's act of going off the road to avoid a collision was not dangerous driving; the accident was caused by the deceased parking on the wrong side of the road, and the appellant cannot be blamed for the resulting death.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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