19870519 TZHC Dar es Salaam

19870519 TZHC Dar es Salaam

Malice aforethought was not established as the stabbing occurred during a fight and there was an element of self defence; the accused is convicted of manslaughter, not murder.

Citation
19870519 TZHC Dar es Salaam
Parties
Prosecution: Republic; Accused: Benjamin Charatu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 May 1987
Procedural Posture
Criminal / Judgment
Outcome
convicted of manslaughter
Legal Topics
Murder, Manslaughter, Malice Aforethought, Self Defence, Sentencing
Source Language
English
Criminal Law Murder Manslaughter Malice Aforethought Self Defence Sentencing

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Parties

Republic

Prosecution

Benjamin Charatu

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether malice aforethought was established
  2. 2 Whether the accused is guilty of murder or manslaughter

Ratio Decidendi

Malice aforethought was not established as the stabbing occurred during a fight and there was an element of self defence; the accused is convicted of manslaughter, not murder.

Court Disposition

convicted of manslaughter

Orders

  • The accused is sentenced to ten (10) years imprisonment.