19840709 TZCA Dar es Salaam2

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

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Parties

Moshi Purusha

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction

  1. 1 Whether the appellant was so intoxicated as to be incapable of forming intent
  2. 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