wdr macdonald kimambo aden vs republic 2010 tzca 6 1 february 2010

wdr macdonald kimambo aden vs republic 2010 tzca 6 1 february 2010

The defence of provocation was not available to the appellant as there was no evidence that the deceased Vivian uttered the alleged provocative words, and even if she had, the appellant had time to cool down before the killings. The subsequent killings of other persons were not provoked and demonstrated malice...

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Citation
wdr macdonald kimambo aden vs republic 2010 tzca 6 1 february 2010
Parties
Appellant: W.D.R. Macdonald Kimambo @ Aden; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 February 2010
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Murder, Provocation, Manslaughter, Malice Aforethought
Source Language
english
Criminal Law Murder Provocation Manslaughter Malice Aforethought

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Summary, issues, holding and outcome

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Parties

W.D.R. Macdonald Kimambo @ Aden

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the defence of provocation is available to the appellant in the killing of four persons
  2. 2 Whether the conviction for murder should be substituted with manslaughter

Ratio Decidendi

The defence of provocation was not available to the appellant as there was no evidence that the deceased Vivian uttered the alleged provocative words, and even if she had, the appellant had time to cool down before the killings. The subsequent killings of other persons were not provoked and demonstrated malice aforethought. The appeal lacked merit and was dismissed.

Court Disposition

appeal dismissed

Orders

  • Convictions for murder and death sentence upheld
  • No substitution with manslaughter