20060228 TZCA Mwanza
The defence of provocation was not raised nor supported by evidence; the appellant's motive was hatred based on belief in witchcraft, which does not amount to legal provocation. The trial judge's directions and remarks did not improperly influence the assessors. The conviction for murder was proper.
- Citation
- 20060228 TZCA Mwanza
- Parties
- Appellant: Yunga s/o Shaban @ Shema; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 28 February 2006
- Procedural Posture
- Criminal Appeal / Appeal From Conviction and Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Murder, Manslaughter, Provocation, Alibi, Belief in Witchcraft
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Yunga s/o Shaban @ Shema
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Legal Issues
- 1 Whether the trial judge erred in failing to properly direct assessors on the issue of provocation
- 2 Whether the trial judge improperly influenced assessors regarding the appellant's motive and belief in witchcraft
- 3 Whether the conviction for murder was proper given the evidence and defences raised
Ratio Decidendi
The defence of provocation was not raised nor supported by evidence; the appellant's motive was hatred based on belief in witchcraft, which does not amount to legal provocation. The trial judge's directions and remarks did not improperly influence the assessors. The conviction for murder was proper.
Court Disposition
appeal dismissed
Orders
- conviction and sentence of murder upheld
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