19840709 TZCA Dar es Salaam2
The appellant was not intoxicated and his actions were deliberate and calculated, not in the heat of passion; therefore, the conviction for murder stands.
- Citation
- 19840709 TZCA Dar es Salaam2
- Parties
- Appellant: Moshi Purusha; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 9 July 1984
- Procedural Posture
- Criminal Appeal / Appeal From Conviction
- Outcome
- appeal dismissed
- Legal Topics
- Murder, Intoxication, Provocation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Moshi Purusha
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From Conviction
Legal Issues
- 1 Whether the appellant was so intoxicated as to be incapable of forming intent
- 2 Whether the appellant acted under provocation sufficient to reduce murder to manslaughter
Ratio Decidendi
The appellant was not intoxicated and his actions were deliberate and calculated, not in the heat of passion; therefore, the conviction for murder stands.
Court Disposition
appeal dismissed
Full Case Text
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