Makungu Misalaba versus The Republic; Criminal Appeal No 351 of 2013: Court of Appeal of Tanzania at Mwanza (Unreported).
- Criminal law
- Murder- malice afore-thought-how can it be provide?
Held:-
Usually an attacker will not declare his intention to cause death or grievous bodily harm. Whether or not he had that intention must be ascertained from various factors including the following:- (1) The type and size of the weapon, if any, used in the attack (2) the amount of force applied in the assault, (3) the part or parts of the body the blow were directed at or inflicted on, (4) the number of blows, although one blow may, depending upon the facts of the particular case, be sufficient for this purpose; (5) the kind of injuries inflicted; (6) the attackers utterances, if any, made before, during or after the killing; and (7) the conduct of the attacker before and after the killing.