six ilanga msaka vs republic 2024 tzca 95 23 february 2024
The conviction for murder was unsafe due to inadmissible written dying declaration and spousal evidence, and lack of clear proof of malice aforethought; however, oral dying declarations and medical evidence established that the appellant caused the deceased's death, warranting a conviction for manslaughter instead of murder.
Source excerpt
- Murder
- Manslaughter
- Dying declaration
- Spousal evidence
- Standard of proof
- Malice aforethought