19730410 TZHC Dodoma
The accused, though having killed the deceased with malice aforethought, did so under grave and sudden provocation, as an ordinary person in his community would have lost self-control under similar circumstances. Therefore, he is acquitted of murder but found guilty of manslaughter under section 195 of the Penal Code.
- Citation
- 19730410 TZHC Dodoma
- Parties
- Prosecution: The Republic; Accused: Kashanyi s/o Hichiri
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 10 April 1973
- Procedural Posture
- Criminal Sessions Case / Judgment
- Outcome
- Convicted of manslaughter under section 195 of the Penal Code; acquitted of murder.
- Legal Topics
- Manslaughter, Murder, Provocation, Sentencing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Kashanyi s/o Hichiri
Accused
Procedural Posture
Criminal Sessions Case / Judgment
Legal Issues
- 1 Whether the accused is guilty of murder or manslaughter under section 195 of the Penal Code
- 2 Whether the accused acted under grave and sudden provocation
Ratio Decidendi
The accused, though having killed the deceased with malice aforethought, did so under grave and sudden provocation, as an ordinary person in his community would have lost self-control under similar circumstances. Therefore, he is acquitted of murder but found guilty of manslaughter under section 195 of the Penal Code.
Court Disposition
Convicted of manslaughter under section 195 of the Penal Code; acquitted of murder.
Orders
- Accused sentenced to 5 years imprisonment.
- R.O.P. to E.A.C. explained.
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