19901130 TZCA Mwanza1

The Court found that the trial judge erred by not properly directing the assessors on the defence of mistake of fact and that the evidence did not safely exclude the possibility that the appellant acted under a mistaken belief as to the identity and intentions of the deceased. The conviction for murder was therefore unsafe.

Citation: 19901130 TZCA Mwanza1
Parties: Appellant: Tarasisi s/o Rutakubalwa; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 30 November 1990
Procedural Posture: Criminal Appeal / Appeal From Conviction and Sentence of Death by the High Court of Tanzania at Bukoba
Outcome: Appeal allowed. Conviction quashed. Sentence set aside.
Legal Topics: Murder, Manslaughter, Mistake of Fact, Self Defence
Source Language: English

Criminal Law Murder Manslaughter Mistake of Fact Self Defence

Case Brief

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Parties

Tarasisi s/o Rutakubalwa

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence of Death by the High Court of Tanzania at Bukoba

Legal Issues

1 Whether the appellant was entitled to the defence of mistake of fact under section 11 of the Penal Code
2 Whether the appellant's actions amounted to murder or manslaughter
3 Whether the trial judge erred in law and fact by not properly directing the assessors on the defence of mistake of fact

Ratio Decidendi

Court Disposition

Appeal allowed. Conviction quashed. Sentence set aside.

Orders

If the appellant is not otherwise lawfully detained, he is to be set free forthwith.