JUDGMENT The Republic v

JUDGMENT The Republic v

The accused was found to be insane at the time of the commission of the offence, as established by medical evidence and corroborated by witness testimony, and is therefore not criminally responsible for the offence of murder under section 13 of the Penal Code.

Citation
JUDGMENT The Republic v
Parties
Prosecution: The Republic; Accused: Selemani Said Kalwanya
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
19 May 2023
Procedural Posture
Criminal Sessions Case / Judgment
Outcome
Accused found not criminally responsible by reason of insanity; ordered to be kept in a mental institution as a mentally disordered offender.
Legal Topics
Murder, Insanity Defence, Criminal Responsibility
Source Language
English
Criminal Law Murder Insanity Defence Criminal Responsibility

Case Brief

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Parties

The Republic

Prosecution

Selemani Said Kalwanya

Accused

Procedural Posture

Criminal Sessions Case / Judgment

Legal Issues

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

Ratio Decidendi

The accused was found to be insane at the time of the commission of the offence, as established by medical evidence and corroborated by witness testimony, and is therefore not criminally responsible for the offence of murder under section 13 of the Penal Code.

Court Disposition

Accused found not criminally responsible by reason of insanity; ordered to be kept in a mental institution as a mentally disordered offender.

Orders

  • The accused, Selemani Said Kalwanya, is to be kept in a mental institution as a mentally disordered offender and dealt with in accordance with section 219(4) of the Criminal Procedure Act.