republic vs crecensia amatus 1997 tzhc 214 10 january 1997

The court found, based on expert medical evidence, that the child was born alive and died of asphyxia after being buried by the accused, who acted wilfully while her mind was disturbed due to childbirth, thus fulfilling the elements of infanticide under Section 199 of the Penal Code.

Citation: republic vs crecensia amatus 1997 tzhc 214 10 january 1997
Parties: Prosecutor: The Republic; Accused: Crecensia Amatus
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 10 January 1997
Procedural Posture: Criminal Sessions Case / Judgment and Sentencing
Outcome: Conviction for infanticide under Section 199 of the Penal Code; accused released on condition she does not commit a similar offence within 3 years.
Legal Topics: Infanticide, Penal Code Section 199, Mitigation, Sentencing
Source Language: English

Criminal Law Infanticide Penal Code Section 199 Mitigation Sentencing

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Parties

The Republic

Prosecutor

Crecensia Amatus

Accused

Procedural Posture

Criminal Sessions Case / Judgment and Sentencing

Legal Issues

1 Whether the child was born alive
2 Whether the accused caused the death of the child
3 Whether the accused's mental state affected criminal responsibility

Ratio Decidendi

Court Disposition

Conviction for infanticide under Section 199 of the Penal Code; accused released on condition she does not commit a similar offence within 3 years.

Orders

Accused convicted of infanticide under Section 199 of the Penal Code.
Accused released on condition not to commit a similar offence within 3 years.