19880627 TZCA Dar es Salaam3

19880627 TZCA Dar es Salaam3

The appellant was legally provoked when he caught his wife and the deceased in circumstances suggesting adultery, and stabbed the deceased in the sudden transport of passion before reason resumed; conviction for murder quashed and substituted with manslaughter.

Citation
19880627 TZCA Dar es Salaam3
Parties
Appellant: Stephen Herman; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 June 1988
Procedural Posture
Criminal Appeal / Judgment
Outcome
conviction for murder quashed, conviction for manslaughter substituted, sentence resulting in immediate release
Legal Topics
Murder, Manslaughter, Provocation
Source Language
English
Criminal Law Murder Manslaughter Provocation

Case Brief

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Parties

Stephen Herman

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was legally provoked to kill the deceased
  2. 2 Whether prior knowledge of adultery precludes the defence of provocation
  3. 3 Whether the facts support a conviction for murder or manslaughter

Ratio Decidendi

The appellant was legally provoked when he caught his wife and the deceased in circumstances suggesting adultery, and stabbed the deceased in the sudden transport of passion before reason resumed; conviction for murder quashed and substituted with manslaughter.

Court Disposition

conviction for murder quashed, conviction for manslaughter substituted, sentence resulting in immediate release

Orders

  • Conviction for murder quashed
  • Conviction for manslaughter substituted