19740715 TZHC Moshi

IN THE HIGH COURT OF TANZANIA r T MOSHI '

ORIGINAL JURISDICTION (ARUSHA REGISTRY) CRIMIINIL, SESSIONS CASE NO. 45 OF 1973 • TE REP UBL I C versus LUCIA D/O ANDREA HIGH COURT SESSIONS AT 'MOSHI Date:. 7/8/73 Coram: C. E. Bramble - Judge Mr. Osinde - State Attorney for the Republic Mr. Mawalla - Counsel for the Accused. •• Accused: Lucia Andrea is presented under custody and repi'sentod by Mr. Mawalla. Interpreter: Mr. Mosha - English into Kiswahi1i-avi0,é !vereá. Notic of trial on Information for Manslaughter c/s. 195 ofthe Penal Code was duly served on the Accused, now before the Court on 7/8/73. Information is read over and explained to the accu'd in • her own language and she is required to plead thereto:- Plea:- It is true but I did not intend to kill him. Entered as a plea of "uilt;y 11 to the Charge. Trial to próced immediately. FACTS:- OSINDE:- The facts are that the Acaused and the Deceased lived as husbandnd wife at Weru Weru Chink. Deceased quarrelled with the Accused on 28/2/72. Deceased made a cup of tea which he offered the accused who returned itbecause she said that she was not well. Deceased'became suspicious and thought that accused was trying to kill him by putting poison in the tea.. She then appeared to have lost her reasonand tok up a pana and cut'her husband on his head. 'The : Deceased died almost instantly. The doctor was of'the opinion that death was due to brain damage and bleeding. Accused,was

found with no injuries but slightly mentally dull. The doctr sent her for medical observation but the report showed out that she was a bit depressed. 'MAWALLA:-. • Accused is a first offender and a mother of eleven, children with five living. The observation describes the accused as a perñiciouC anaemia case. This. could explain whg she feacted in such a violent manner. She is a sick woman and is still in a state of dejression, She has been in r.erand,nce 22/4/72. I would ask that all these factors, be talcOnunder consideration. She is about 45 years of age. / .. . ................ / - 2.- Order:- Accused Is remanded in custody to the Mental Hospital Isanga for Medical examinatin. and report. ...........(:c. E. BRLE) JUDGE. 7/8/73 15/7/74: .• . . CorarLi P. M. Jonathan, Judge. . •. . Mri Mawalla for accused .. . . . . Mr. Osiñrie for epiblic..' . .. . . Accuse not present. . . .. . . Adjourned toa date latrin the sessions. . • .. M. J ON T HAN.) JUDGE, ••• 15/7/74 . •.. . .. 18/3/75: ,. Coram: Jonathan, Judge . For the Redub1iO: Mr. Osinde . For the accused: Mr. Mawaila. .. Accused is present unrer custody. Inter-oreter: Mr. 3, J. M. Mocha Mr. Mawalla:- . . We now have the psychiatris's report. The report says that the accuse(9, at ihe material time was insane..(Tiie report is noted). . . Mr. Osinde- Adcused pleaded Guilty, out the evidence shows that she was not of sound mind.

The prodecution isnot challenging the finding of the doctor. .• . . Mr. Mwallat- .. . . . ,. . . Accused hds 11 children. Five are alive and six are. dead. She has been in remard since 1972. According to the doctor's report she Yvill. be required for further eam,ination. She says she is. fit, but the court may feel it is in her , own interest that she submit .herself for further examination and treatment. . The accused. on hor own amiseion and on the facts of the cae which she admiH . . H the offence with 'which she is charged The oort of the psychiatrist now available is corn .nsive anc deer that she was at the material time sniiering from acute paranoid schizophrenia This would appearconCistent with the plice Ctatements from which it seems there was little or no rational motive for killing '..theçeceased. • Accordingly, I find the accused committed the homicide but by reason of insanity she is not giilty o± murder. (r. M. • JONATH) JUDGE. /3 -3-. She would seem to require further observation and treatment and she would not be fit for disqhare. In any event in .view of the Provisions of S.168(2)(a) she would have to be detained pending such order as the lVlinister for Justice may deem proper to oaks. Accordingly, she is to be detained as a criminal lunatic at the Isañga Institution and a copy of the proceedings will be submitted to the Minister for his action. ~4 ~ V (, /MTPM. (r. M. JONATHJd) JUDGE.