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Tanzania Judgment

TANZLII

CR

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The accused was found to be insane at the time of the offence and remains insane, thus not guilty of murder by reason of insanity and to be detained as a criminal lunatic pending the Minister's pleasure.

Court disposition

Not guilty by reason of insanity

Orders

  • The accused be kept at the Mental Health Institution as a criminal lunatic pending the Minister's pleasure

02

Material facts

Parties

The Republic

Prosecution

Machiya s/o Kamondemonde

Accused

03

Procedural history

  1. Posture

    Criminal / Ruling After Trial

04

Questions and positions

Legal issues

Party arguments

Applicant
The accused was insane at the time of committing the crime and remains insane, as evidenced by the mental institution report and his conduct in court.
Respondent
Not stated.

05

Court’s reasoning

  1. 01

    Section 219(2) of the Criminal Procedure Act

    An accused found to be insane at the time of the offence is not guilty by reason of insanity and should be detained as a criminal lunatic pending the Minister's pleasure.

06

Ratio, limits and disposition

Ratio decidendi

The accused was found to be insane at the time of the offence and remains insane, thus not guilty of murder by reason of insanity and to be detained as a criminal lunatic pending the Minister's pleasure.

Court disposition

Not guilty by reason of insanity

  • The accused be kept at the Mental Health Institution as a criminal lunatic pending the Minister's pleasure

Source and reliance status

TANZLII · 1 January 2023

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Judgment text

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Source document

TANZLII

Judgment· 1 January 2023

CR

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB- REGISTRY OF SHINYANGA

AT SHINYANGA CRIMINAL SESSION CASE NO. 5 OF 2023

THE REPUBLIC

VERSUS MACHIYA S/O KAMONDEMONDE

RULING S. M. KULITA, J. This is a court finding made after entertaining the murder case which involves the accused person who is insane. According to the facts of the case, as well as the statements in the record including the Report from Mirembe/Isanga Mental Institution dated 13/5/2023, the accused person was insane by the time he was committing the crime, hence not Guilty of the offence. Further to that, the accused person who is in court before me today still looks insane regarding his conduct of failure to respond properly the 1 questions that have been put to him, including that which required him to respond if he admits facts of the case. That being the case, under s. 219(2) of the Criminal Procedure Act, I hereby order the accused person be kept at the Mental Health Institution as a Criminal Lunatic pending the Minister's Pleasure. S. M. Kulita

JUDGE 23/5/2024 DATED at SHINYANGA this 23th day of May, 2024 S. M. Kulita

JUDGE 23/5/2024 2 3

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Criminal Procedure Act s.219(2)

Legislation

Legislation referenced in the available case record.

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