kisota JUDGEMENT

The accused intentionally killed the deceased with malice aforethought, as evidenced by his actions before, during, and after the offence. His intoxication was self-induced and did not render him incapable of understanding his actions. The prosecution proved the offence of murder beyond reasonable doubt.

Citation: kisota JUDGEMENT
Parties: Complainant/appellant/applicant: Office of Director of Public Prosecution; Respondent/defendant: Kisota s/o Tulito
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 19 February 2025
Procedural Posture: Criminal / Judgment After Full Trial
Outcome: conviction
Legal Topics: Murder, Malice Aforethought, Intoxication as a Defence, Age of Criminal Responsibility
Source Language: English

Criminal Law Murder Malice Aforethought Intoxication as a Defence Age of Criminal Responsibility

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Parties

Office of Director of Public Prosecution

Complainant/appellant/applicant

Kisota s/o Tulito

Respondent/defendant

Procedural Posture

Criminal / Judgment After Full Trial

Legal Issues

1 Whether the accused Kisota Tulito murdered the deceased with malice aforethought
2 Whether intoxication is a valid defence to murder in the circumstances
3 Whether the accused was criminally responsible given his age at the time of the offence

Ratio Decidendi

Court Disposition

conviction

Orders

The accused Kisota Tulito is convicted of murder contrary to section 196 of the Penal Code [Cap 16 R.E. 2022].