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High Court of Tanzania

This is the second level in the Judiciary justice delivery hierarchy. It has both appellate and original powers on civil and criminal matters. It also hears appeals from the Courts of Resident Magistrate, the District Courts, and the District Land and Housing Tribunals in exercise of their original, appellate and/or revisional jurisdiction. The High Court is divided into Zones and specialized Divisions.

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24 Kivukoni Road, P O Box: S.L.P. 9004

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https://jmap.judiciary.go.tz/jmap/jmap-hc

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1973

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1 judgment

Citation	Judgment date
July 1973
Republic vs Mwangala @Kitambo s/o Mpemba (Criminal Sessions Case No. 104 of 1972) [1973] TZHC 304 (30 July 1973) Where intent to kill was not proved beyond reasonable doubt, a fatal stone-throwing incident resulted in manslaughter, not murder. Criminal law – homicide – distinction between murder and manslaughter; mens rea – necessity to prove intention to kill or knowledge of certainty beyond reasonable doubt; medical evidence of causation – depressed skull consistent with stone thrown; circumstantial evidence and reasonable doubt; assessors’ opinions and trial judge’s evaluative role.	30 July 1973

Citation

Judgment date

July 1973

Republic vs Mwangala @Kitambo s/o Mpemba (Criminal Sessions Case No. 104 of 1972) [1973] TZHC 304 (30 July 1973)

Where intent to kill was not proved beyond reasonable doubt, a fatal stone-throwing incident resulted in manslaughter, not murder.

Criminal law – homicide – distinction between murder and manslaughter; mens rea – necessity to prove intention to kill or knowledge of certainty beyond reasonable doubt; medical evidence of causation – depressed skull consistent with stone thrown; circumstantial evidence and reasonable doubt; assessors’ opinions and trial judge’s evaluative role.

30 July 1973