CR

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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Parties

The Republic

Prosecution

Machiya s/o Kamondemonde

Accused

Procedural Posture

Criminal / Ruling After Trial

  1. 1 Whether the accused was insane at the time of committing the offence
  2. 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