19931213 TZHC Dar es Salaam

19931213 TZHC Dar es Salaam

The accused was justified in using his firearm in the manner he did because the deceased resisted arrest, assaulted the accused, attempted to escape despite warnings, and the accused only shot at the thigh, not a more vulnerable part, indicating no intent to kill but to prevent escape.

Citation
19931213 TZHC Dar es Salaam
Parties
Prosecution: Republic; Accused: CC312 P.C. Mtustdito
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 December 1993
Procedural Posture
Criminal / Judgment
Outcome
acquittal
Legal Topics
Manslaughter, Use of Force by Police, Arrest Procedures, Self Defence
Source Language
English
Criminal Law Manslaughter Use of Force by Police Arrest Procedures Self Defence

Case Brief

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Parties

Republic

Prosecution

CC312 P.C. Mtustdito

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused was justified in using his firearm and shooting the deceased during an attempted arrest

Ratio Decidendi

The accused was justified in using his firearm in the manner he did because the deceased resisted arrest, assaulted the accused, attempted to escape despite warnings, and the accused only shot at the thigh, not a more vulnerable part, indicating no intent to kill but to prevent escape.

Court Disposition

acquittal

Orders

  • The accused is found not guilty of manslaughter and is acquitted.