1980 TLR 38
The accused, though mentally stressed, was legally sane at all material times. She knew what she was doing and that it was wrong. The defence of insanity was not established on a balance of probabilities. The court is not bound to accept medical expert evidence if contradicted by other evidence. The accused is guilty of murder on each count.
- Citation
- 1980 TLR 38
- Parties
- Prosecution: Republic; Accused: Agnes Doris Liundi
- Court
- TLR
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 1980
- Procedural Posture
- Criminal / Trial Judgment
- Outcome
- Conviction
- Legal Topics
- Murder, Insanity Defence, Burden of Proof, Expert Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Republic
Prosecution
Agnes Doris Liundi
Accused
Procedural Posture
Criminal / Trial Judgment
Legal Issues
- 1 Whether the accused was legally insane at the time of committing the alleged murders
- 2 Whether the defence of insanity was established on a balance of probabilities
- 3 Whether mental stress constitutes legal insanity
Ratio Decidendi
The accused, though mentally stressed, was legally sane at all material times. She knew what she was doing and that it was wrong. The defence of insanity was not established on a balance of probabilities. The court is not bound to accept medical expert evidence if contradicted by other evidence. The accused is guilty of murder on each count.
Court Disposition
Conviction
Orders
- Accused found guilty of murder on each of the three counts.
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