19890323 TZCA Dar es Salaam4 1
The appellant was the aggressor, his conduct was deliberate and provocative, and the defence of provocation was not credible. The conviction for murder was proper.
Source-derived case information.
- Citation
- 19890323 TZCA Dar es Salaam4 1
- Parties
- Appellant: MT. 39973 PTE. John Jonas; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 23 March 1989
- Procedural Posture
- Criminal Appeal / Appeal From Conviction
- Outcome
- appeal dismissed
- Legal Topics
- Murder, Provocation, Self Defence
- Source Language
- english
Criminal Law Murder Provocation Self Defence
Source-derived case record
Summary, issues, holding and outcome
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Parties
MT. 39973 PTE. John Jonas
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From Conviction
Legal Issues
- 1 Whether the appellant was guilty of murder under section 196 of the Penal Code
- 2 Whether the defence of provocation was available to the appellant
Ratio Decidendi
The appellant was the aggressor, his conduct was deliberate and provocative, and the defence of provocation was not credible. The conviction for murder was proper.
Court Disposition
appeal dismissed
Orders
- conviction and sentence upheld
Full Case Text
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