19900223 TZCA Dar es Salaam

19900223 TZCA Dar es Salaam

The court found that the trial judge's failure to warn himself of the dangers of relying on the evidence of a young child was not fatal due to ample corroboration, and that the appellant was not provoked as alleged.

Citation
19900223 TZCA Dar es Salaam
Parties
Appellant: Zacharia Jhibha; Respondent: Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 February 1990
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
Murder, Provocation, Evidence Assessment
Source Language
English
Criminal Law Murder Provocation Evidence Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Zacharia Jhibha

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction for murder was proper
  2. 2 Whether the appellant was provoked so as to reduce the offence
  3. 3 Whether the trial judge failed to warn himself of the dangers of relying on the evidence of a young child

Ratio Decidendi

The court found that the trial judge's failure to warn himself of the dangers of relying on the evidence of a young child was not fatal due to ample corroboration, and that the appellant was not provoked as alleged.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence of death affirmed