19880623 TZHC Dar es Salaam
The appellant acted under sudden and grave provocation, in the heat of passion, thus guilty of manslaughter rather than murder.
- Citation
- 19880623 TZHC Dar es Salaam
- Parties
- Appellant: Paulo Malolambelele; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 23 June 1988
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- conviction for murder quashed, appellant convicted of manslaughter
- Legal Topics
- Murder, Manslaughter, Provocation, Heat of Passion
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Parties
Paulo Malolambelele
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant was guilty of murder or manslaughter
- 2 Whether there was sufficient provocation to reduce murder to manslaughter
Ratio Decidendi
The appellant acted under sudden and grave provocation, in the heat of passion, thus guilty of manslaughter rather than murder.
Court Disposition
conviction for murder quashed, appellant convicted of manslaughter
Orders
- Appellant sentenced to eight years imprisonment
Full Case Text
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