republic vs simba omari nyeingo matimbwa 1995 tzhc 718 3 may 1995
The court found that the accused acted under grave provocation upon discovering his wife in an adulterous act, and there was no time to cool off, thus reducing the offence from murder to manslaughter and warranting a lenient sentence.
- Citation
- republic vs simba omari nyeingo matimbwa 1995 tzhc 718 3 may 1995
- Parties
- Prosecution: The Republic; Accused: Seni s/o Mari Ijyestgo Matbewjl
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 3 May 1995
- Procedural Posture
- Criminal / Sentencing
- Outcome
- convicted of manslaughter
- Legal Topics
- Murder, Provocation, Sentencing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Seni s/o Mari Ijyestgo Matbewjl
Accused
Procedural Posture
Criminal / Sentencing
Legal Issues
- 1 Whether the accused is guilty of murder or a lesser offence due to provocation
- 2 Appropriate sentence for the accused given the circumstances
Ratio Decidendi
The court found that the accused acted under grave provocation upon discovering his wife in an adulterous act, and there was no time to cool off, thus reducing the offence from murder to manslaughter and warranting a lenient sentence.
Court Disposition
convicted of manslaughter
Orders
- accused sentenced to three years imprisonment
- right of appeal explained
Full Case Text
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