19900616 TZCA Mwanza

19900616 TZCA Mwanza

The appellant's conduct was triggered by immediate events and not premeditated; intoxication did not render him incapable of forming intent, but evidence does not support intent to kill or cause grievous harm. Conviction for murder quashed and substituted with manslaughter.

Citation
19900616 TZCA Mwanza
Parties
Appellant: Shadrack Gima.kuri; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 June 1990
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed; conviction for murder quashed and substituted with manslaughter; sentence imposed
Legal Topics
Murder, Manslaughter, Intoxication, Intent
Source Language
English
Criminal Law Murder Manslaughter Intoxication Intent

Case Brief

Summary, issues, holding and outcome

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Parties

Shadrack Gima.kuri

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant struck the deceased
  2. 2 Whether the assault caused the deceased's death
  3. 3 Whether the appellant intended to kill or cause grievous bodily harm

Ratio Decidendi

The appellant's conduct was triggered by immediate events and not premeditated; intoxication did not render him incapable of forming intent, but evidence does not support intent to kill or cause grievous harm. Conviction for murder quashed and substituted with manslaughter.

Court Disposition

appeal allowed; conviction for murder quashed and substituted with manslaughter; sentence imposed

Orders

  • Conviction for murder quashed
  • Conviction for manslaughter substituted