19730730 TZHC Ngeza
The accused threw a stone at the deceased in response to provocation, without intent to kill or cause grievous harm. The evidence did not establish murder beyond reasonable doubt, but proved unlawful killing amounting to manslaughter.
- Citation
- 19730730 TZHC Ngeza
- Parties
- Prosecution: The Republic; Accused: Mwangala @ Kijita Mpeambo s/o Mpea
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 July 1973
- Procedural Posture
- Criminal / Judgment
- Outcome
- conviction for manslaughter
- Legal Topics
- Murder, Manslaughter, Provocation, Causation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Mwangala @ Kijita Mpeambo s/o Mpea
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused unlawfully caused the death of the deceased
- 2 Whether the accused intended to kill or cause grievous bodily harm
- 3 Whether provocation reduced the offence from murder to manslaughter
Ratio Decidendi
The accused threw a stone at the deceased in response to provocation, without intent to kill or cause grievous harm. The evidence did not establish murder beyond reasonable doubt, but proved unlawful killing amounting to manslaughter.
Court Disposition
conviction for manslaughter
Orders
- Accused convicted of manslaughter for unlawful causing the death of Bundala Timbiliza
Full Case Text
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