19930521 TZCA Arusha1
The appellant's actions and recollection demonstrated he was not so drunk as to be temporarily insane or incapable of forming intent, and the deceased's remarks did not amount to sufficient provocation. The conviction and sentence were justified by law.
- Citation
- 19930521 TZCA Arusha1
- Parties
- Respondent: The Republic; Appellant: [Name not provided]
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 21 May 1993
- Procedural Posture
- Criminal Appeal / Appeal From Conviction and Sentence of the High Court
- Outcome
- Appeal dismissed
- Legal Topics
- Murder, Drunkenness as a Defence, Provocation as a Defence, Sentencing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Respondent
[Name not provided]
Appellant
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence of the High Court
Legal Issues
- 1 Whether the appellant's drunkenness amounted to a defence of temporary insanity or negated intent
- 2 Whether the appellant was provoked to the extent required by law to reduce the offence
- 3 Whether the conviction and sentence were justified
Ratio Decidendi
The appellant's actions and recollection demonstrated he was not so drunk as to be temporarily insane or incapable of forming intent, and the deceased's remarks did not amount to sufficient provocation. The conviction and sentence were justified by law.
Court Disposition
Appeal dismissed
Orders
- Conviction and sentence affirmed
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