19910614 TZCA Mwanza

The conviction for murder was quashed because there was a glaring possibility that the appellant acted in self-defence. The benefit of doubt as to the distance and identification was resolved in favour of the appellant. The rejection of the sketch plan was found to be erroneous but not fatal. The evidence did not exclude self-defence beyond reasonable doubt.

Citation: 19910614 TZCA Mwanza
Parties: Appellant: M. Mapunda Mellas; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 14 June 1991
Procedural Posture: Criminal Appeal / Judgment on Appeal From Conviction and Sentence of the High Court of Tanzania at Mwanza
Outcome: Conviction quashed, sentence set aside, appellant ordered to be discharged unless otherwise lawfully held.
Legal Topics: Self Defence, Admissibility of Evidence, Credibility of Witnesses, Murder
Source Language: English

Criminal Law Self Defence Admissibility of Evidence Credibility of Witnesses Murder

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2

Parties

M. Mapunda Mellas

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal From Conviction and Sentence of the High Court of Tanzania at Mwanza

Legal Issues

1 Whether the appellant acted in self-defence when he shot the deceased
2 Whether the rejection of the sketch plan (Exh. D.1) as evidence was proper
3 Whether the conviction for murder was sustainable based on the evidence

Ratio Decidendi

Court Disposition

Conviction quashed, sentence set aside, appellant ordered to be discharged unless otherwise lawfully held.

Orders

Conviction for murder quashed
Sentence of death set aside