Samwel S/O David versus The Republic

Samwel S/O David versus The Republic; Criminal Appeal No 185 of 2014: Court of Appeal of Tanzania at Tabora (Unreported).

• Criminal Law

• Provocation – when an accused may successfully plead provocation?

Held:-

Normally the defence of provocation is available in the circumstances which would otherwise constitute murder except for the sudden loss of control of oneself as a result of some act which provoked the accused person.  The act must be done on the heat of passion.