CR
After a guilty plea to manslaughter, the High Court fined no further terms and imposed 1 year 7 months in prison, factoring self-defence, confession, and custody time.
- Manslaughter
- Sentencing
- Self-defence
- Mitigation
- Provocation
- Guilty-plea
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REPUBLIC vs ELIAS CHACHA NYAMANGUYE MAFIKIRA
Given the high degree of provocation, self-defence, the accused's cooperation, guilty plea, and time spent in remand, the offence was categorized as low-level manslaughter, warranting a substantially reduced custodial sentence.
Source excerpt
- Manslaughter
- Sentencing
- Self-defence
- Provocation
republic vs mwalami abderehemani 2023 tzhc 15966 27 february 2023
The prosecution failed to prove malice aforethought beyond reasonable doubt, as the accused successfully raised the defences of self-defence and provocation, which were not disproved by the prosecution. Consequently, the accused was convicted of manslaughter instead of murder.
Source excerpt
- Murder
- Manslaughter
- Self defence
- Provocation
- Sentencing
Criminal Session Case No
The accused's deliberate and repeated attacks on the deceased, including a fatal cut to the neck after incapacitating him, demonstrated malice aforethought. The defences of property and provocation were not established, as the force used was excessive and there was no immediate provocation. The prosecution proved murder beyond reasonable doubt.
Source excerpt
- Murder
- Burden of proof
- Malice aforethought
- Defence of property
- Provocation
- Sentencing
Criminal Session Case No
The accused intentionally killed the deceased with malice aforethought, as evidenced by the nature and severity of the injuries, use of lethal weapons, and post-offence conduct. The defences of self-defence and provocation were rejected as the response was grossly disproportionate and the conduct was deliberate and premeditated.
Source excerpt
- Murder
- Malice aforethought
- Self-defence
- Provocation
- Sentencing
republic vs herbeth karinti saideya omwanita 2022 tzhc 15034 7 december 2022
The High Court convicted the accused of manslaughter, finding the death occurred during a fight and that malice aforethought was not proved.
- Murder
- Manslaughter
- Malice aforethought
- Intoxication
- Provocation
- Malice-aforethought
republic vs masumbuko fredrick 2022 tzhc 14881 29 november 2022
The accused acted under sudden provocation caused by the deceased's words and circumstances related to witchcraft, depriving him of self-control, and therefore is guilty of manslaughter, not murder.
Source excerpt
- Murder
- Manslaughter
- Provocation
- Witchcraft
- Sentencing
chesco mveka vs republic 2022 tzca 681 7 november 2022
The Court of Appeal of Tanzania allowed a murder appeal after finding the trial judge failed to properly involve assessors and explain provocation, rendering the trial a nullity.
- Murder
- Trial procedure
- Role of assessors
- Misdirection
- Retrial
- Criminal-procedure
modest wilbard shayo vs republic 2022 tzca 574 23 september 2022
The appellant's actions, including multiple severe injuries inflicted with a machete and his extra-judicial confession, demonstrated malice aforethought. The provocation defence was not credible as it was not raised promptly or supported by evidence. The conviction for murder and sentence of death are upheld.
Source excerpt
- Murder
- Manslaughter
- Malice aforethought
- Provocation
- Evidence evaluation
crospery ntagalinda koro vs republic 2022 tzca 450 20 july 2022
The Court of Appeal of Tanzania dismissed a criminal review application, holding that the grounds raised were not manifest errors on the face of the record.
- Review jurisdiction
- Manifest error
- Malice aforethought
- Provocation
- Burden of proof
- Criminal-review
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