19751002 TZHC Iringa

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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

The Republic

Prosecution

Eliuter Simbachuma

Accused

Procedural Posture

Criminal / Judgment

  1. 1 Whether the accused is guilty of murder under section 196 of the Penal Code
  2. 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