daudi sabaya vs the republic 1995 tzca 36 23 may 1995

daudi sabaya vs the republic 1995 tzca 36 23 may 1995

The appellant was entitled to the defence of self defence as his life was in imminent peril when attacked by the deceased with a knife; however, the force used was excessive, resulting in death, and thus the proper conviction is manslaughter under section 18B(3) of the Penal Code.

Citation
daudi sabaya vs the republic 1995 tzca 36 23 may 1995
Parties
Appellant: Pauli Sabaya; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 May 1995
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence of Murder by High Court
Outcome
conviction for murder and sentence of death set aside; conviction for manslaughter substituted; sentence of five years imprisonment imposed
Legal Topics
Murder, Manslaughter, Self Defence, Excessive Force
Source Language
English
Criminal Law Murder Manslaughter Self Defence Excessive Force

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Parties

Pauli Sabaya

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence of Murder by High Court

Legal Issues

  1. 1 Whether the appellant was entitled to the defence of self defence
  2. 2 Whether the conviction should be for murder or manslaughter given the facts and law

Ratio Decidendi

The appellant was entitled to the defence of self defence as his life was in imminent peril when attacked by the deceased with a knife; however, the force used was excessive, resulting in death, and thus the proper conviction is manslaughter under section 18B(3) of the Penal Code.

Court Disposition

conviction for murder and sentence of death set aside; conviction for manslaughter substituted; sentence of five years imprisonment imposed

Orders

  • Conviction for murder and sentence of death set aside
  • Conviction for manslaughter entered