19721002 TZHC Iringa

19721002 TZHC Iringa

The accused intentionally killed the deceased by shooting him with a double-barrel gun. The court found that the accused was of sound mind at the time of the act, and the defence of insanity was not established. The court also found that the accused was not provoked within the meaning of Sections 201 and 202 of the Penal Code, as the alleged insults and actions by the deceased were not sufficient to deprive an ordinary person of self-control to the extent of committing homicide. The killing was deliberate and not a result of sudden provocation. Accordingly, the accused was found guilty of murder beyond reasonable doubt.

Citation
19721002 TZHC Iringa
Parties
Accused: Saidi Abdallah Mwamwindi; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 October 1972
Procedural Posture
Criminal Sessions Case / Judgment After Full Trial
Outcome
Guilty of murder
Legal Topics
Murder, Insanity Defence, Provocation, Penal Code Section 196, Penal Code Section 201, Penal Code Section 202
Source Language
English
Criminal Law Murder Insanity Defence Provocation Penal Code Section 196 Penal Code Section 201 Penal Code Section 202

Case Brief

Summary, issues, holding and outcome

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Parties

Saidi Abdallah Mwamwindi

Accused

The Republic

Respondent

Procedural Posture

Criminal Sessions Case / Judgment After Full Trial

Legal Issues

  1. 1 Whether the accused unlawfully killed the deceased (Wilbert Klerruu) with malice aforethought
  2. 2 Whether the accused was insane at the time of the act and thus not criminally responsible under Section 13 of the Penal Code
  3. 3 Whether the accused acted under provocation sufficient to reduce murder to manslaughter under Sections 201 and 202 of the Penal Code

Ratio Decidendi

The accused intentionally killed the deceased by shooting him with a double-barrel gun. The court found that the accused was of sound mind at the time of the act, and the defence of insanity was not established. The court also found that the accused was not provoked within the meaning of Sections 201 and 202 of the Penal Code, as the alleged insults and actions by the deceased were not sufficient to deprive an ordinary person of self-control to the extent of committing homicide. The killing was deliberate and not a result of sudden provocation. Accordingly, the accused was found guilty of murder beyond reasonable doubt.

Court Disposition

Guilty of murder

Orders

  • The accused is convicted of murder under Section 196 of the Penal Code.