19910614 TZCA Mwanza 1

The conviction for murder was upheld as the evidence established the appellant's guilt beyond reasonable doubt, and neither the defence of provocation nor self-defence was supported by the facts.

Citation: 19910614 TZCA Mwanza 1
Parties: Appellant: Nyanzi Paul; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 14 June 1991
Procedural Posture: Criminal Appeal / Appeal From Conviction and Sentence
Outcome: Appeal dismissed; conviction and sentence affirmed.
Legal Topics: Murder, Self Defence, Provocation, Sentencing
Source Language: English

Criminal Law Murder Self Defence Provocation Sentencing

Case Brief

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Parties

Nyanzi Paul

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

1 Whether the conviction for murder was sustainable
2 Whether the appellant was entitled to the defences of provocation or self-defence

Ratio Decidendi

The conviction for murder was upheld as the evidence established the appellant's guilt beyond reasonable doubt, and neither the defence of provocation nor self-defence was supported by the facts.

Court Disposition

Appeal dismissed; conviction and sentence affirmed.

Orders

Appellant to be detained during the President's pleasure under section 26(2) of the Penal Code.