republic vs martine sigis davido another 2018 tzhc 2156 24 july 2018

republic vs martine sigis davido another 2018 tzhc 2156 24 july 2018

The prosecution proved beyond reasonable doubt, through credible eyewitness testimony and medical evidence, that Selemani s/o Sigisi @ Girigwagwe joined the fight and unlawfully killed the deceased by hitting him with a stick, thereby committing manslaughter under section 195 of the Penal Code.

Citation
republic vs martine sigis davido another 2018 tzhc 2156 24 july 2018
Parties
Prosecution: The Republic; Accused: Martine s/o Sigisi @ Davido; Accused: Selemani s/o Sigisi @ Girigwagwe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 July 2018
Procedural Posture
Criminal / Judgment After Full Trial
Outcome
Conviction
Legal Topics
Manslaughter, Burden of Proof, Credibility of Witnesses
Source Language
English

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Parties

The Republic

Prosecution

Martine s/o Sigisi @ Davido

Accused

Selemani s/o Sigisi @ Girigwagwe

Accused

Procedural Posture

Criminal / Judgment After Full Trial

  1. 1 Whether Selemani s/o Sigisi @ Girigwagwe unlawfully killed Teophil s/o Qamara
  2. 2 Whether the prosecution proved the case beyond reasonable doubt

Ratio Decidendi

The prosecution proved beyond reasonable doubt, through credible eyewitness testimony and medical evidence, that Selemani s/o Sigisi @ Girigwagwe joined the fight and unlawfully killed the deceased by hitting him with a stick, thereby committing manslaughter under section 195 of the Penal Code.

Court Disposition

Conviction

Orders

  • Selemani s/o Sigisi @ Girigwagwe is convicted of manslaughter under section 195 of the Penal Code, Cap.16 R.E.2002.
  • Right of appeal explained.