19750121 TZHC Dodoma

,4¼> IN THE HIGH COURT OP TANZANIA AT DODOMA I ORIGINAL JURISDICTION (DODOMA REGISTRY) CRIMINAL SESSIONS CASE NO. 76 THE REPUBLIC versus JOSEPH @ ABUBAKARI SANGITO lthirder contrary to section 196 of the Penal Code. JUDGMENT MAPIGANOJQ.J. The accused Joseph Abubakari Sangito stands charged with the murder of one Bakari s/o Sauri. The fcts as tendered by the prosecution are not in dispute and theyaxe as follows On 6th June, 1972, the accused met with Bakari s/o Sauri, a boy of about thirteen years of age, in the pasture at Tandara in Kondoa district. Without any provocation or motive whatever, the accused pnced upoi the boy, felled him and throttled him to death. A few hours later the boy was found dead and the acdused was spotted untroubledly eating ugali near the herd the bdy was tending. He was questioned about the death and b candidly admitted that he was responsible for it. He pepeated it before a Justice of the Peace PW1 Njagula. According to Dr. Charles who examined the body on 14th June, 1972, the left lobe of the liver was lacerated, there has been bleeding from the nose and in the eyes and the brain was congested with blood. And the tongue and the gum appeared blue. He expressed the well founded opinion that the cause of death was shock following the laceration of the liver and suffoc4tion pracoded by manual strangulation. The acused, when put to his defence, did not wish to say anything. Howevr, there is strong evidence to show that the accused has had a tong history of mental illness and that he is well known at the Isaiga Psychiatry Institution. Dr. Nziray of that institu- tion reports on him in the following terms "He was admitted on 25/2/69 from Arusha High Court charged with double murder (he ki1ld two of his brothers). He ws sent for trial on 2/6/70 and most likely acquitted as was not seen again until he committed the same offence agaii. On re-admission (on 27/9/73) he was completely blind due to keratomalacia. He was very talkative but relevant. Completely devoid of insight too. His both eyes wereremoved (enucleation of both eyes). This is a very well known pyschiatric case to us with paranoid tendencies. It ib most likely that he was laboured by paranoid ideas agaiist the deceased prior to committing the offence. Thus I am of the opinion that he was insane (of unsound mind) at the moment he committed the offence. He is now fit to follow court proceedings. Please return him to Isanga Institution immediately after court verdict for further psychiatric treatment," ........2 - 2 - There is certainly a wealth of material to consider in order to determine whether or not the defence of insanity avails him. Having in mind that the burden which the accued assumes in this regard is only to show on the evidence as a waole that insanity at the time he committed the offence is more likely than sanity, I am, with respect, in agreement with the assessors, taking into consideration the circumstances attending the commission of the killing and the accused's history of mental disorder, that he was of unsound mind whenhe assaulted the deceased0 I think there is merit in the opinion of Dr 9 iviziray that the accused was labouring under paranoid ideas before the commission of this wanton killing, and find on that account that he was incapable of appreciating what he was doing, and of knowing that he ought not to have throttled the deceased to death. Consequently, I find that the accused did the act of strangling the boy Bakari s/a Sauri but hold that by reason of insanity he is not guilty of murder. ORDER The record of this proceeding or certified copy of the same is to be submitted to the Minister for Justice, and mea- while it is directed that Joseph Ibubakari Sangito shall be kept in custody at Isanga Institution as a criminal lunatic. Delivered in court at Dodoma, Mr. Kinabo for the Republic. Accued present. D. P. Mapigano 21st January, 1975., AG. JUDGE