Facts
The appellant appealed to the Court of Appeal of Tanzania challenging his conviction for murder and sentence of death by the High Court of Tanzania. His main ground was that the trial court did not accept that the defence of provocation was available to the appellant. The Court of Appeal considered this ground against the background of the appellant's denial of killing the deceased and that the relationship between the appellant and the women who the appellant alleged to have caught committing adultery with the deceased had terminated.
Held:
(i) For the defence of provocation to avail the appellant two factors must be present; first that a relationship between him and Fatuma still existed and secondly he must admit to
killing the deceased.
(ii) There was ample evidence that the relationship between the appellant and Fatuma had effectively ended in 1986.
(iii) Once the appellant denied killing the deceased the defence of provocation disappeared and the Trial Judge was right in rejecting the defence of provocation.
Case Infomation
Appeal dismissed.
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