Republic v Nicas Lulenga 1983 TLR 434 (HC) Case Summary

Court High Court of Tanzania - Dodoma

Judge Lugakingira J

July 2, 1983

CRIMINAL CASE 12 OF 1982

Flynote

Criminal Practice and Procedure - Arrests - Accused arrested by surprise - Whether entitled to resist arrest.

Case Summary

The case involves the accused, Nicas Lulenga, who was charged with unlawfully wounding Police D/SM Paulo Ngeleja Kadonya with an arrow during an attempted arrest. The police had received a complaint that the accused had threatened violence against a villager named Kanyamala. Acting on this information, six policemen armed with various weapons attempted to arrest the accused at his house. The police surrounded the accused's house secretly to surprise him. When they attempted to arrest him, the accused, unaware of the identities of those trying to arrest him, chose to resist in self-defense. In the encounter, the accused shot an arrow at D/SM Kadonya, injuring him in the buttocks, but the accused himself was wounded by gunshot while trying to flee. He was subsequently arrested and charged with unlawful wounding.

The court held that in determining the lawfulness of the arrest, it does not need to establish the guilt of the accused, only the intention to arrest. It also stated that the accused need not know the arrest is lawful, only that it is intended. Furthermore, in the absence of independent witnesses to corroborate the prosecution's claims, the accused was given the benefit of the doubt regarding self-defense. The court emphasized that even where a lawful arrest is to be executed, if it is executed in a manner and with such force that is not justified by the occasion, the accused would be entitled to answer force with force. Person is entitled to defend themselves against unwarranted attack using reasonable force. Since the accused used an arrow against armed police, it was deemed a reasonable response, and his actions were considered lawful self-defense.

Ultimately, the court found the accused not guilty of unlawfully wounding D/SM Kadonya and acquitted him accordingly.

[Reference: 1983 TLR p435, Judgment by Lugakingira J.]