republic vs costantine so stephano 2021 tzhc 9190 6 december 2021
The accused violently attacked the deceased by beating and pulling her neck with a cloth, causing spine fracture and death. The evidence established malice aforethought, not provocation, and the defense was deemed an afterthought. The prosecution proved the elements of murder beyond reasonable doubt.
- Citation
- republic vs costantine so stephano 2021 tzhc 9190 6 december 2021
- Parties
- Prosecution: The Republic; Accused: Costantine s/o Stephano
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 6 December 2021
- Procedural Posture
- Criminal / Final Judgment
- Outcome
- conviction and sentence
- Legal Topics
- Murder, Malice Aforethought, Provocation, Burden of Proof, Manslaughter
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Costantine s/o Stephano
Accused
Procedural Posture
Criminal / Final Judgment
Legal Issues
- 1 Whether the accused caused the death of the deceased
- 2 Whether the killing was unlawful
- 3 Whether the accused acted with malice aforethought or under provocation
Ratio Decidendi
The accused violently attacked the deceased by beating and pulling her neck with a cloth, causing spine fracture and death. The evidence established malice aforethought, not provocation, and the defense was deemed an afterthought. The prosecution proved the elements of murder beyond reasonable doubt.
Court Disposition
conviction and sentence
Orders
- Accused convicted of murder under sections 196 and 197 of the Penal Code
- Accused sentenced to death by hanging pursuant to section 197 of the Penal Code and section 322(1)&(2) of the CPA
Full Case Text
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