CR
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.
- Citation
- CR
- Parties
- Prosecution: The Republic; Accused: Machiya s/o Kamondemonde
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2023
- Procedural Posture
- Criminal / Ruling After Trial
- Outcome
- Not guilty by reason of insanity
- Legal Topics
- Murder, Insanity Defence, Criminal Procedure
- Source Language
- English
Case Brief
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Parties
The Republic
Prosecution
Machiya s/o Kamondemonde
Accused
Procedural Posture
Criminal / Ruling After Trial
Legal Issues
- 1 Whether the accused was insane at the time of committing the offence
- 2 Whether the accused is criminally liable for murder
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
Orders
- The accused be kept at the Mental Health Institution as a criminal lunatic pending the Minister's pleasure
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