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The High Court of Tanzania sentenced two first-offender accused persons to three years’ imprisonment each after they pleaded guilty to excessive force causing death.
The Court of Appeal held that self-defence was available, but excessive force made the proper conviction manslaughter, not murder.
The appellant was entitled to the defence of self-defence as his life was threatened by the deceased, but used more force than was reasonably necessary. Under section 18B(3) of the Penal Code, this constitutes manslaughter, not murder.
Source excerpt
The appellant's life was in imminent peril when the deceased advanced towards him with a knife. While the appellant was entitled to defend himself, the force used was excessive, resulting in death. According to section 18B(3) of the Penal Code, the appropriate conviction is manslaughter, not murder.
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