19940920 TZCA Mwanza
The appellant killed his sister in the honest belief she was responsible for his daughter's death by witchcraft, but as there was no sudden shock depriving him of self-control, the killing was murder.
- Citation
- 19940920 TZCA Mwanza
- Parties
- Respondent: The Republic; Appellant: Unnamed Appellant
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 20 September 1994
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- conviction for murder upheld
- Legal Topics
- Murder, Witchcraft Belief, Defences to Murder
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Parties
The Republic
Respondent
Unnamed Appellant
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellant's belief in witchcraft constitutes a defence to murder
- 2 Whether the conviction for murder was proper given the facts
Ratio Decidendi
The appellant killed his sister in the honest belief she was responsible for his daughter's death by witchcraft, but as there was no sudden shock depriving him of self-control, the killing was murder.
Court Disposition
conviction for murder upheld
Full Case Text
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