19770928 TZHC Tabora

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

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Parties

The Republic

Prosecution

Ndahancose Sio Manungu

Accused

Procedural Posture

Criminal / Judgment

  1. 1 Whether the accused wounded the complainant with intent to maim, disfigure or disable
  2. 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.