REPUBLIC vs

REPUBLIC vs

The accused committed the act of murder but was insane at the time, as established by medical evidence and corroborated by witness testimony, and is therefore not guilty by reason of insanity under sections 219(2) and 220(4) of the Criminal Procedure Act.

Citation
REPUBLIC vs
Parties
Prosecution: Republic; Accused: Stephano Arobogast Kawishe
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
26 November 2022
Procedural Posture
Criminal Session Case / Judgment
Outcome
Not guilty by reason of insanity
Legal Topics
Murder, Insanity Defence, Criminal Responsibility
Source Language
English
Criminal Law Murder Insanity Defence Criminal Responsibility

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Parties

Republic

Prosecution

Stephano Arobogast Kawishe

Accused

Procedural Posture

Criminal Session Case / Judgment

Legal Issues

  1. 1 Whether the accused committed murder
  2. 2 Whether the accused was insane at the time of the offence and thus not criminally responsible

Ratio Decidendi

The accused committed the act of murder but was insane at the time, as established by medical evidence and corroborated by witness testimony, and is therefore not guilty by reason of insanity under sections 219(2) and 220(4) of the Criminal Procedure Act.

Court Disposition

Not guilty by reason of insanity

Orders

  • The accused to be kept in a mental institution as a criminal lunatic at the pleasure of the responsible Minister
  • The Superintendent of the Mental Hospital to prepare a report after three years and submit it to the Minister responsible for Legal Affairs