republic vs mbavumbili 2005 tzca 38 22 august 200
The defence of intoxication was not available to the appellant as evidence showed he was aware of his actions and capable of forming the intention to kill; therefore, the conviction for murder was upheld.
- Citation
- republic vs mbavumbili 2005 tzca 38 22 august 200
- Parties
- Appellant: Modestus Raphael Mbavumbili; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2005
- Procedural Posture
- Criminal Appeal / Final Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Murder, Intoxication Defence, Malice Aforethought
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Modestus Raphael Mbavumbili
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Final Judgment
Legal Issues
- 1 Whether the defence of intoxication was available to the appellant
- 2 Whether the appellant had formed the intention to kill the deceased
Ratio Decidendi
The defence of intoxication was not available to the appellant as evidence showed he was aware of his actions and capable of forming the intention to kill; therefore, the conviction for murder was upheld.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed in its entirety.
Full Case Text
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