19730803 TZHC Iringa
The court found, based on the psychiatrist's report and the circumstances of the case, that the accused was suffering from paranoid schizophrenia and was legally insane at the time of the killings, thus did not know his acts were wrong. Accordingly, a special finding of not guilty by reason of insanity was entered.
- Citation
- 19730803 TZHC Iringa
- Parties
- Prosecution: The Republic; Accused: Abed Tokambali
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 3 August 1973
- Procedural Posture
- Criminal Sessions Case / Judgment
- Outcome
- Not guilty by reason of insanity
- Legal Topics
- Murder, Insanity Defence, Manslaughter, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Abed Tokambali
Accused
Procedural Posture
Criminal Sessions Case / Judgment
Legal Issues
- 1 Whether the accused was legally insane at the time of committing the offence
- 2 Whether the accused is guilty of murder or entitled to the defence of insanity
Ratio Decidendi
The court found, based on the psychiatrist's report and the circumstances of the case, that the accused was suffering from paranoid schizophrenia and was legally insane at the time of the killings, thus did not know his acts were wrong. Accordingly, a special finding of not guilty by reason of insanity was entered.
Court Disposition
Not guilty by reason of insanity
Orders
- Special finding under section 168(1) Criminal Procedure Code that the accused did the acts but is not guilty by reason of insanity
- Record of proceedings to be submitted to the Second-Vice-President as Minister of Justice
Full Case Text
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