19890713 TZCA Dar es Salaam

19890713 TZCA Dar es Salaam

The appellant was sufficiently provoked by the deceased's humiliating and vexatious actions, depriving him of self-control, thus reducing the offence from murder to manslaughter.

Citation
19890713 TZCA Dar es Salaam
Parties
Appellant: Omari Salehe; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 July 1989
Procedural Posture
Criminal Appeal / Judgment
Outcome
conviction for murder quashed; conviction for manslaughter substituted; sentenced to three years imprisonment effective from 6.11.87
Legal Topics
Murder, Manslaughter, Provocation
Source Language
English
Criminal Law Murder Manslaughter Provocation

Case Brief

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Parties

Omari Salehe

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was guilty of murder or manslaughter
  2. 2 Whether provocation was sufficient to reduce murder to manslaughter

Ratio Decidendi

The appellant was sufficiently provoked by the deceased's humiliating and vexatious actions, depriving him of self-control, thus reducing the offence from murder to manslaughter.

Court Disposition

conviction for murder quashed; conviction for manslaughter substituted; sentenced to three years imprisonment effective from 6.11.87

Orders

  • Conviction for murder quashed
  • Conviction for manslaughter substituted