19900620 TZCA Mwanza3

19900620 TZCA Mwanza3

The court found that the appellant's version of self-defence was fabricated and not credible, and that his degree of intoxication was insufficient to negate the specific intent required for murder. The conviction was upheld.

Citation
19900620 TZCA Mwanza3
Parties
Appellant: Wandwi s/o Mzeibe; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 June 1990
Procedural Posture
Criminal Appeal / Appeal From Conviction in High Court
Outcome
appeal dismissed
Legal Topics
Murder, Self Defence, Intoxication as a Defence
Source Language
English
Criminal Law Murder Self Defence Intoxication as a Defence

Case Brief

Summary, issues, holding and outcome

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Parties

Wandwi s/o Mzeibe

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction in High Court

Legal Issues

  1. 1 Whether the appellant stabbed the deceased in self-defence or due to intoxication
  2. 2 Whether the appellant was so intoxicated as to be incapable of forming specific intent

Ratio Decidendi

The court found that the appellant's version of self-defence was fabricated and not credible, and that his degree of intoxication was insufficient to negate the specific intent required for murder. The conviction was upheld.

Court Disposition

appeal dismissed

Orders

  • Conviction and sentence of murder upheld