19770928 TZHC Tabora
The accused's actions—fetching a gun from his house, hiding it, shooting at close range, and fleeing—demonstrated he was not so drunk as to be incapable of forming intent. He intended to disable or disfigure the complainant.
- Citation
- 19770928 TZHC Tabora
- Parties
- Prosecution: The Republic; Accused: Ndahancose Sio Manungu
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 September 1977
- Procedural Posture
- Criminal / Judgment
- Outcome
- conviction
- Legal Topics
- Wounding With Intent, Drunkenness as a Defence, Intent in Criminal Offences
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Ndahancose Sio Manungu
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused wounded the complainant with intent to maim, disfigure or disable
- 2 Whether drunkenness negated the accused's intent
Ratio Decidendi
The accused's actions—fetching a gun from his house, hiding it, shooting at close range, and fleeing—demonstrated he was not so drunk as to be incapable of forming intent. He intended to disable or disfigure the complainant.
Court Disposition
conviction
Orders
- Accused found guilty as charged under section 222(1) of the Penal Code.
- Conviction entered for wounding with intent.
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