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    Tyga Phen
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    George Kingi and Jasmine Kwini have been charged with murder in the High Court of Tanzania. Their defense counsel argues that the prosecution has not proven the key elements of murder. Specifically, they assert that there is no evidence that the accused had any intention to harm the victim, nor is there clear evidence that they killed the boy. Prior case law establishes that without conclusive proof that the appellant killed the deceased, a murder conviction cannot stand. Therefore, the defense requests that the accused persons not be convicted, as the necessary element of malice aforethought to prove murder has not been established.

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    George Kingi and Jasmine Kwini have been charged with murder in the High Court of Tanzania. Their defense counsel argues that the prosecution has not proven the key elements of murder. Specifically, they assert that there is no evidence that the accused had any intention to harm the victim, nor is there clear evidence that they killed the boy. Prior case law establishes that without conclusive proof that the appellant killed the deceased, a murder conviction cannot stand. Therefore, the defense requests that the accused persons not be convicted, as the necessary element of malice aforethought to prove murder has not been established.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    56 views2 pages

    Moot Court Submission

    Uploaded by

    Tyga Phen
    George Kingi and Jasmine Kwini have been charged with murder in the High Court of Tanzania. Their defense counsel argues that the prosecution has not proven the key elements of murder. Specifically, they assert that there is no evidence that the accused had any intention to harm the victim, nor is there clear evidence that they killed the boy. Prior case law establishes that without conclusive proof that the appellant killed the deceased, a murder conviction cannot stand. Therefore, the defense requests that the accused persons not be convicted, as the necessary element of malice aforethought to prove murder has not been established.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    IN THE HIGH COURT OF UNITED REPUBLIC OF TANZANIA

    (MWANZA REGISTRY)

    AT MWANZA.

    CRIMINAL CASE NO………………………………………………………. 2020

    REPUBLIC

    Versus

    GEORGE KINGI……………………………………………..1ST ACCUSED PERSON

    JASMINE KWINI.........................................................2ND ACCUSED PERSON

    WRITTEN SUBMISSION FOR THE DEFENDANT SIDE

    Madam Judge, we are the counsels from defendant side whereby we stand here in defending
    accused persons on the raised issue of;

     Whether George Kingi and Jasmine Kwini committed an offence of murder.

    Madam Judge, In regarding to the above issue George Kingi and Jasmine Kwini did not commit
    the offence of murder because their accusation that they have committed offence of murder have
    not fulfill the ingredient of murder as provided in the Penal Code Cap 16 R.E 2002.

    Madam Judge, In determination of this issue, The Penal Code [Cap 16 R.E 2002] accused
    persons did not commit the offence of murder basing on the ingredient of murder that provided
    under section 200 of the penal code. This ingredient is malice aforethought which shows that in
    order for a person to commit an offence of murder he or she must have the evil intention of doing
    that action which caused the death of another person, basing on the circumstantial evidence that
    is provided in the case before this court that the accused persons did not have any intention of
    harming Junior kimei. Also another evidence which prove that the accused persons did not
    commit an offence of murder is that there was no clear evidence which proved that the accused
    persons killed the boy and also the police did not show how the boy was killed.

    This is evident in the case of Republic V Langwen and Others of 2004 the appellants were
    accused for committing offence of murder but there was no conclusive proof that appellant killed
    the deceased therefore the court quashed the conviction of murder and set aside the sentences of
    death and ordered the immediate release of the appellants.

    Madam Judge, basing on the evidence which we have provided, we pray for all accused persons
    not to be convicted because there is no clear evidence and malice aforethought which is
    necessary to prove that they committed offence of murder.

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