republic vs moshi khamis 2021 tzhc 6202 21 september 2021
The prosecution failed to establish a prima facie case against the accused, as there was no evidence proving the accused killed or conspired to kill the deceased or acted with malice aforethought.
- Citation
- republic vs moshi khamis 2021 tzhc 6202 21 september 2021
- Parties
- Prosecution: The Republic; Accused: Moshi s/o Khamis
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 21 September 2021
- Procedural Posture
- Criminal / Ruling on Case to Answer
- Outcome
- acquittal
- Legal Topics
- Murder, Prima Facie Case, Acquittal
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2
Parties
The Republic
Prosecution
Moshi s/o Khamis
Accused
Procedural Posture
Criminal / Ruling on Case to Answer
Legal Issues
- 1 Whether the accused person is responsible for killing of the deceased
- 2 Whether the accused person had malice aforethought for killing the deceased
Ratio Decidendi
The prosecution failed to establish a prima facie case against the accused, as there was no evidence proving the accused killed or conspired to kill the deceased or acted with malice aforethought.
Court Disposition
acquittal
Orders
- The accused is acquitted of murder under section 293(1) of the Criminal Procedure Act Cap. 20 R.E. 2019.
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