CR
- Citation
- CR
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TANZLII
- Decision
- 1 January 2023
- Posture
- Criminal / Ruling After Trial
- Language
- English
More details
- Court
- TANZLII
- Decision
- 1 January 2023
- Posture
- Criminal / Ruling After Trial
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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
ProsecutionMachiya s/o Kamondemonde
Accused03
Procedural history
Posture
Criminal / Ruling After Trial
04
Questions and positions
Legal issues
- 01
Whether the accused was insane at the time of committing the offence
- 02
Whether the accused is criminally liable for murder
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
Legal principles
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TANZLII
Judgment· 1 January 2023
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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