19881223 TZHC Dar es Salaam
The accused's actions were not justified by provocation, as the refusal to hand over money and utterance of abusive words did not amount to sufficient provocation in law for a reasonable person of the accused's class and community to lose self-control and commit murder. No lawful justification or excuse was established. The accused is guilty of murder as charged.
- Citation
- 19881223 TZHC Dar es Salaam
- Parties
- Prosecution: The Republic; Accused: Duniani Ferdinand Kiula @ Charles
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 23 December 1988
- Procedural Posture
- Criminal / Judgment
- Outcome
- Conviction
- Legal Topics
- Murder, Provocation, Homicide, Defence of Provocation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Duniani Ferdinand Kiula @ Charles
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused unlawfully killed the deceased with malice aforethought
- 2 Whether the accused was provoked to commit the offence
Ratio Decidendi
The accused's actions were not justified by provocation, as the refusal to hand over money and utterance of abusive words did not amount to sufficient provocation in law for a reasonable person of the accused's class and community to lose self-control and commit murder. No lawful justification or excuse was established. The accused is guilty of murder as charged.
Court Disposition
Conviction
Orders
- The accused is convicted of murder as charged.
Full Case Text
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