19751002 TZHC Iringa
The accused was found to have killed his father but was insane at the time of the act, as supported by witness testimony and a psychiatrist's report. Therefore, he is not guilty of murder by reason of insanity under section 168(1) of the Criminal Procedure Code.
- Citation
- 19751002 TZHC Iringa
- Parties
- Prosecution: The Republic; Accused: Eliuter Simbachuma
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 2 October 1975
- Procedural Posture
- Criminal / Judgment
- Outcome
- Not guilty by reason of insanity
- Legal Topics
- Murder, Insanity Defence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Eliuter Simbachuma
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused is guilty of murder under section 196 of the Penal Code
- 2 Whether the accused was insane at the time of committing the offence
Ratio Decidendi
The accused was found to have killed his father but was insane at the time of the act, as supported by witness testimony and a psychiatrist's report. Therefore, he is not guilty of murder by reason of insanity under section 168(1) of the Criminal Procedure Code.
Court Disposition
Not guilty by reason of insanity
Orders
- Record of proceedings or certified copy to be submitted to the Prime Minister as Minister for Justice under section 168(2) of the Criminal Procedure Code
- The accused to be kept in Isanga Institution as a criminal lunatic
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