19830801 TZCA Dar es Salaam

19830801 TZCA Dar es Salaam

The evidence did not establish that the appellant had the intention to kill or cause grievous harm, nor that there was a common intention with the co-accused; therefore, the conviction for murder was quashed and substituted with manslaughter.

Citation
19830801 TZCA Dar es Salaam
Parties
Appellant: Mwalusambo Kaopera; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 August 1983
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
conviction for murder quashed; conviction for manslaughter substituted
Legal Topics
Murder, Manslaughter, Common Assault, Intention, Joint Liability
Source Language
English
Criminal Law Murder Manslaughter Common Assault Intention Joint Liability

Case Brief

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Parties

Mwalusambo Kaopera

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was guilty of murder or a lesser offence such as manslaughter
  2. 2 Whether there was common intention between the accused to cause grievous harm

Ratio Decidendi

The evidence did not establish that the appellant had the intention to kill or cause grievous harm, nor that there was a common intention with the co-accused; therefore, the conviction for murder was quashed and substituted with manslaughter.

Court Disposition

conviction for murder quashed; conviction for manslaughter substituted

Orders

  • Conviction for murder quashed
  • Sentence of death set aside