Nyani Ngabu
Platinum Member
- May 15, 2006
- 94,296
- 122,540
Mahakama uwa wakati mwingine inaachia watu wasio kuwa innocent!
Na mara nyingine mahakama huwapata na hatia watu wasiohusika na makosa waliyoshitakiwa nayo.
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Mahakama uwa wakati mwingine inaachia watu wasio kuwa innocent!
SMS katika server za mitandao ya simu zitakuwa ni mwongozo wa mwenendo mzima wa kesi na pia mazingira ya tukio.
Umri wa 17 na 18 unabarikiwa binti kuolewa na katika mazingira ya kutaka kubakwa yatachunguzwa, pia mahusiano yao kwa kina yatachunguzwa. Kama waliokuwa ni wapenzi au la kwa tendo la kujamiiana lazima liwe la hiari na la maandalizi.
Yawezekana jamaa alitaka ile kitu ghafla na bibie hakuwa tayari kwa hali ya kawaida akamsukuma na kwavile kanumba alitoka bafuni yawezekana ndala zake zilimletea mushkali akaangukia kichwa kwa nyuma.
Siyo vyema mkatoa majibu ambayo Lulu angetakiwa kuulizwa na kutoa majibu yake akiwa mahakamani, mwenye ukweli ni yeye. Huoni kashaanza kabla ye kesi kuhusu umri wake?
Na mara nyingine mahakama huwapata na hatia watu wasiohusika na makosa waliyoshitakiwa nayo.
[MENTION]Asante bwana Ruta ila hii kesi mmh..
gfsonwin pitia hii mada uone ambavyo tumeburutana humu................naona unapenda mijadala ya sheria
By House of Lord:
What is a disputing matter here perhaps this might be a foremost question to ask? I guese the problem here is to understand very well btn murder and manslaugher. According to section196 of the Penal Code states "Any person who, with malice aforethought, causes the death of another person by unlawful act or omission is guilty of murder" Now section 195 gives very well the meaning of the manslaughter "Any person who by an unlawful act or omisson causes the death of another person is guilty pf manslaughter" I t is clear that now one can make a distinction between the two. The only clear distinction one might find is that "malice aforethought" the word caries the latin maxim mens rea which means guilt intention or bad intention. It is from that explaination which puts our conflict mind that manslaughter has no any guilt intention but merely involuntarily act.
I am geting confusion if Isee that some people do contradict the two terms. It is clear from my mind that no prosecutor under Tanzanian law can institute a manslaughter case before the court of law but rather manslaughter case emanate from murder case, it is a lesser offence of murder of which it is under the descretion of the court and not the prosecutor.
It is under the court's descretion after satsfying under all reasonable doubts that the accused person had not killed the deceased with malice aforethought. Interfering this specific job of the court is acting under utra vires by the Director of Public Prosecutor DPP which is also an offence. However this job is normaly made during the judgement delivered by the court when the court will announce that....after cosidering all the evidences tabled before this court by both parties, the court is satisfied beyond all reasonable doubts that the accused person is not guilty of murder but he or she is found guilt of manslaughter.
Therefore under this case before us-Lulu's case it is reasonable to conclude that the DPP has interfered the court',s judicial procedure which is beyond his jurisdiction, he has acted utra vires..he has no mandate to act so but it is more judicial
Coming to last dispute whether manslaughter is bailable or not it is better to understand whether manslaughter can be instituted as a case of first insitance before the court of law? As I have mentioned early that manslaughter can not be instituted before the cort of law but develops from murder case and since murder is a non-bailable offence it is well clear that manslaughter carry the same character. Let us say more clear that manslaughter is not an offence persee but it is subsituted from murder which is not bailable offence. Therefore manslaughter is non-bailable offence....refer section 140 of Criminal Procedure Act.
By House of Lord:
What is a disputing matter here perhaps this might be a foremost question to ask? I guese the problem here is to understand very well btn murder and manslaugher. According to section196 of the Penal Code states "Any person who, with malice aforethought, causes the death of another person by unlawful act or omission is guilty of murder" Now section 195 gives very well the meaning of the manslaughter "Any person who by an unlawful act or omisson causes the death of another person is guilty pf manslaughter" I t is clear that now one can make a distinction between the two. The only clear distinction one might find is that "malice aforethought" the word caries the latin maxim mens rea which means guilt intention or bad intention. It is from that explaination which puts our conflict mind that manslaughter has no any guilt intention but merely involuntarily act.
I am geting confusion if Isee that some people do contradict the two terms. It is clear from my mind that no prosecutor under Tanzanian law can institute a manslaughter case before the court of law but rather manslaughter case emanate from murder case, it is a lesser offence of murder of which it is under the descretion of the court and not the prosecutor.
It is under the court's descretion after satsfying under all reasonable doubts that the accused person had not killed the deceased with malice aforethought. Interfering this specific job of the court is acting under utra vires by the Director of Public Prosecutor DPP which is also an offence. However this job is normaly made during the judgement delivered by the court when the court will announce that....after cosidering all the evidences tabled before this court by both parties, the court is satisfied beyond all reasonable doubts that the accused person is not guilty of murder but he or she is found guilt of manslaughter.
Therefore under this case before us-Lulu's case it is reasonable to conclude that the DPP has interfered the court',s judicial procedure which is beyond his jurisdiction, he has acted utra vires..he has no mandate to act so but it is more judicial
Coming to last dispute whether manslaughter is bailable or not it is better to understand whether manslaughter can be instituted as a case of first insitance before the court of law? As I have mentioned early that manslaughter can not be instituted before the cort of law but develops from murder case and since murder is a non-bailable offence it is well clear that manslaughter carry the same character. Let us say more clear that manslaughter is not an offence persee but it is subsituted from murder which is not bailable offence. Therefore manslaughter is non-bailable offence....refer section 140 of Criminal Procedure Act.