19840508 TZCA Mwanza2
The evidence of the prosecution witnesses was credible and established beyond reasonable doubt that the appellant intentionally stabbed the deceased with his own knife, amounting to murder. The appellant's version of accident and self-defence was not credible.
- Citation
- 19840508 TZCA Mwanza2
- Parties
- Appellant: Protas s/o Emmanuel; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 8 May 1984
- Procedural Posture
- Criminal Appeal / Appeal From Conviction and Sentence of Death for Murder by the High Court at Mwanza
- Outcome
- Appeal dismissed; conviction and sentence for murder upheld.
- Legal Topics
- Murder, Appeal, Evidence, Self Defence, Accident
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Protas s/o Emmanuel
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence of Death for Murder by the High Court at Mwanza
Legal Issues
- 1 Whether the killing of the deceased amounted to murder or was accidental
- 2 Whether the conviction for murder was supported by the evidence
Ratio Decidendi
The evidence of the prosecution witnesses was credible and established beyond reasonable doubt that the appellant intentionally stabbed the deceased with his own knife, amounting to murder. The appellant's version of accident and self-defence was not credible.
Court Disposition
Appeal dismissed; conviction and sentence for murder upheld.
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