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The accused intentionally killed the deceased with malice aforethought, as evidenced by his actions before, during, and after the offence. His intoxication was self-induced and did not render him incapable of understanding his actions. The prosecution proved the offence of murder beyond reasonable doubt.
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The prosecution proved the accused caused the deceased's death, but failed to establish malice aforethought due to the fight circumstances, lack of evidence of prior threats, and the deceased being the initial aggressor. Thus, the offence is manslaughter, not murder.
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The prosecution proved beyond reasonable doubt that Juma Masanja stabbed the deceased with a knife, causing septic shock and death, with malice aforethought, and the accused's defence was a general denial unsupported by evidence.
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The prosecution failed to prove malice aforethought beyond reasonable doubt as the death occurred during a fight; thus, the accused is guilty of manslaughter, not murder.
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The court found that the prosecution proved beyond reasonable doubt, through credible and reliable eyewitness testimony (Pw-2), corroborated by medical and investigative evidence, that the accused persons participated in the attack and murder of the deceased with malice aforethought. The visual identification was deemed reliable due to daylight conditions, prior acquaintance, and immediate naming of the accused. The defence failed to raise reasonable doubt.
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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.
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The accused persons were found guilty based on circumstantial evidence, confessions, and their conduct after the crime, which established beyond reasonable doubt that they killed the deceased with malice aforethought. The court relied on the cautioned statement, oral confessions, and corroborating evidence to convict.
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Prosecution failed to prove beyond reasonable doubt that the accused murdered the deceased. Identification evidence was unreliable, the dying declaration named another person, and prosecution failed to call key witnesses. Suspicion and circumstantial evidence were insufficient for conviction.
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High Court of Tanzania conviction for manslaughter after finding no malice aforethought in a fatal knife attack during a fight at a Gongo bar.
The accused was the last person seen with the deceased, circumstantial evidence and confession corroborated his guilt, malice aforethought was established by motive and conduct, and the defence failed to raise reasonable doubt.
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