tunutu so mnyasule vs republic 1979 tzca 4 22 november 1979

tunutu so mnyasule vs republic 1979 tzca 4 22 november 1979

The appellant intentionally stabbed the deceased with malice aforethought, was not incapacitated by intoxication, and was properly convicted of murder based on credible eyewitness testimony and post-mortem evidence.

Citation
tunutu so mnyasule vs republic 1979 tzca 4 22 november 1979
Parties
Appellant: Tunutu s/o Mnyasule; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 November 1979
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal dismissed; conviction and sentence affirmed
Legal Topics
Murder, Malice Aforethought, Intoxication, Credibility of Witnesses
Source Language
English
Criminal Law Murder Malice Aforethought Intoxication Credibility of Witnesses

Case Brief

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Parties

Tunutu s/o Mnyasule

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the appellant stabbed the deceased with a knife or whether the deceased accidentally fell on the knife
  2. 2 Whether the appellant had malice aforethought in killing the deceased
  3. 3 Whether intoxication prevented the appellant from forming the intention to kill

Ratio Decidendi

The appellant intentionally stabbed the deceased with malice aforethought, was not incapacitated by intoxication, and was properly convicted of murder based on credible eyewitness testimony and post-mortem evidence.

Court Disposition

appeal dismissed; conviction and sentence affirmed

Orders

  • Appeal dismissed
  • Conviction for murder and sentence of death by hanging affirmed