19830729 TZHC Dar es Salaam2

19830729 TZHC Dar es Salaam2

The evidence did not establish a common intention to do grievous harm or kill; the third accused was guilty of manslaughter, not murder.

Citation
19830729 TZHC Dar es Salaam2
Parties
Appellant: Mwalusambo Kaopera; Appellant: Michael Mkomaziwili; Appellant: Alois Mjelwa; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 July 1983
Procedural Posture
Criminal Appeal / Judgment
Outcome
conviction for murder quashed; conviction for manslaughter substituted; sentence of eight years imprisonment imposed
Legal Topics
Murder, Manslaughter, Common Assault, Joint Liability, Intention
Source Language
English
Criminal Law Murder Manslaughter Common Assault Joint Liability Intention

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Parties

Mwalusambo Kaopera

Appellant

Michael Mkomaziwili

Appellant

Alois Mjelwa

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the accused persons were guilty of murder, manslaughter, or common assault
  2. 2 Whether there was common intention to do grievous harm

Ratio Decidendi

The evidence did not establish a common intention to do grievous harm or kill; the third accused was guilty of manslaughter, not murder.

Court Disposition

conviction for murder quashed; conviction for manslaughter substituted; sentence of eight years imprisonment imposed

Orders

  • Conviction for murder quashed
  • Sentence of death set aside