The Principle of Common Intention under the Tanzanian Penal Code

Review of Practice through Judicial Interpretation

Abstract

This article analyses the principle of common intention under section 23 of the Tanzanian Penal Code. According to the principle, when a number of persons engage in a criminal
act with a common intention, each person is made liable as if he alone did the act.
However, decided cases have shown that there are uncertainties and inconsistencies in interpretation of the principle. This article therefore, examines the uncertainties and
inconsistencies regarding the application of the principle. In addition, it provides the
ingredients and circumstances to aid courts when interpreting and applying the principle