19770326 TZHC Tanga
The accused killed the deceased in circumstances that would otherwise amount to murder, but by reason of insanity at the time of the act, he was incapable of understanding his actions and is therefore not guilty of murder.
- Citation
- 19770326 TZHC Tanga
- Parties
- Prosecution: The Republic; Accused: Tofili s/o Matalika
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 26 March 1977
- Procedural Posture
- Criminal Sessions Case / Judgment
- Outcome
- Not guilty by reason of insanity
- Legal Topics
- Murder, Insanity Defence, Criminal Responsibility
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Tofili s/o Matalika
Accused
Procedural Posture
Criminal Sessions Case / Judgment
Legal Issues
- 1 Whether the accused committed the act of killing the deceased
- 2 Whether the accused was of unsound mind at the time of the act and thus criminally responsible
Ratio Decidendi
The accused killed the deceased in circumstances that would otherwise amount to murder, but by reason of insanity at the time of the act, he was incapable of understanding his actions and is therefore not guilty of murder.
Court Disposition
Not guilty by reason of insanity
Orders
- Certified copy of the record to be submitted to the Minister
- Accused to be kept in custody as a criminal lunatic
Full Case Text
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