daudi sabaya vs the republic 1995 tzca 44 23 may 1995

daudi sabaya vs the republic 1995 tzca 44 23 may 1995

The appellant's life was in imminent peril when the deceased advanced towards him with a knife. While the appellant was entitled to defend himself, the force used was excessive, resulting in death. According to section 18B(3) of the Penal Code, the appropriate conviction is manslaughter, not murder.

Citation
daudi sabaya vs the republic 1995 tzca 44 23 may 1995
Parties
Appellant: Tlaudi Saba; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 May 1995
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence of Murder by High Court
Outcome
Conviction for murder and sentence of death set aside; substituted with conviction for manslaughter and sentence of five years imprisonment.
Legal Topics
Murder, Manslaughter, Self Defence, Excessive Force
Source Language
English
Criminal Law Murder Manslaughter Self Defence Excessive Force

Case Brief

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Parties

Tlaudi Saba

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence of Murder by High Court

Legal Issues

  1. 1 Whether the appellant caused the death of the deceased with malice aforethought
  2. 2 Whether the defence of self-defence was available to the appellant
  3. 3 Whether excessive force was used by the appellant

Ratio Decidendi

The appellant's life was in imminent peril when the deceased advanced towards him with a knife. While the appellant was entitled to defend himself, the force used was excessive, resulting in death. According to section 18B(3) of the Penal Code, the appropriate conviction is manslaughter, not murder.

Court Disposition

Conviction for murder and sentence of death set aside; substituted with conviction for manslaughter and sentence of five years imprisonment.

Orders

  • Conviction for murder and death sentence set aside
  • Conviction for manslaughter entered