19910614 TZCA Mwanza1

There was no evidence of provocation on record, so the trial judge was not required to direct assessors on that issue. The conviction for murder is firmly grounded and not disturbed.

Citation: 19910614 TZCA Mwanza1
Parties: Appellant: Nicholaus Ferdinand; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 14 June 1991
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Murder, Provocation, Non Direction, Summation to Assessors
Source Language: English

Criminal Law Murder Provocation Non Direction Summation to Assessors

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Parties

Nicholaus Ferdinand

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the trial judge failed to direct assessors on the defence of provocation
2 Whether the conviction for murder was properly grounded

Ratio Decidendi

There was no evidence of provocation on record, so the trial judge was not required to direct assessors on that issue. The conviction for murder is firmly grounded and not disturbed.

Court Disposition

appeal dismissed

Orders

conviction for murder affirmed
sentence of death by hanging upheld