19731019 TZHC Dodoma
The accused did the act charged but was insane at the time, as established by psychiatric evidence and the circumstances of the killing, and is therefore not guilty of murder by reason of insanity.
- Citation
- 19731019 TZHC Dodoma
- Parties
- Prosecution: The Republic; Accused: Koronel s/o Swale
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 19 October 1973
- Procedural Posture
- Criminal Sessions Case / Judgment
- Outcome
- Not guilty by reason of insanity
- Legal Topics
- Murder, Insanity Defence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Parties
The Republic
Prosecution
Koronel s/o Swale
Accused
Procedural Posture
Criminal Sessions Case / Judgment
Legal Issues
- 1 Whether the accused was guilty of murder under section 196 of the Penal Code
- 2 Whether the accused was legally insane at the time of the offence
Ratio Decidendi
The accused did the act charged but was insane at the time, as established by psychiatric evidence and the circumstances of the killing, and is therefore not guilty of murder by reason of insanity.
Court Disposition
Not guilty by reason of insanity
Orders
- Certified copy of proceedings to be submitted to the 2nd Vice-President as Minister for Justice
- Accused to be kept in custody in Isanga institution as a criminal lunatic
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