19720828 TZHC Songea

19720828 TZHC Songea

The court found that the prosecution's case rested entirely on retracted and contradictory confessions, with no corroborative evidence in material particulars. There was no clear evidence of common intention or whose act caused the death. The court was not satisfied beyond reasonable doubt that either accused was guilty of murder or manslaughter, but found both guilty of assault causing actual bodily harm under Section 241 of the Penal Code.

Citation
19720828 TZHC Songea
Parties
Accused: Masha d/o Mjinitime; Accused: Juliana d/o Agari; Deceased: Mangarama s/o Makwila
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 August 1972
Procedural Posture
Criminal / Judgment
Outcome
conviction for assault causing actual bodily harm; acquittal on murder charge
Legal Topics
Murder, Manslaughter, Assault Causing Actual Bodily Harm, Confession Evidence, Common Intention
Source Language
English
Criminal Law Murder Manslaughter Assault Causing Actual Bodily Harm Confession Evidence Common Intention

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Masha d/o Mjinitime

Accused

Juliana d/o Agari

Accused

Mangarama s/o Makwila

Deceased

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused are guilty of murder or manslaughter of the deceased
  2. 2 Whether the extra-judicial confessions are reliable and corroborated
  3. 3 Whether there was common intention between the accused

Ratio Decidendi

The court found that the prosecution's case rested entirely on retracted and contradictory confessions, with no corroborative evidence in material particulars. There was no clear evidence of common intention or whose act caused the death. The court was not satisfied beyond reasonable doubt that either accused was guilty of murder or manslaughter, but found both guilty of assault causing actual bodily harm under Section 241 of the Penal Code.

Court Disposition

conviction for assault causing actual bodily harm; acquittal on murder charge

Orders

  • Each accused acquitted of murder as charged.
  • Each accused convicted of assault causing actual bodily harm contrary to Section 241 of the Penal Code.