19880922 TZCA Dar es Salaam

IN THE COURT OF APPEAL OF TAN AT ,ARUSHA KISANGA, JaA• CRIMINAL APPEAL NO. 74 OF ·WILLIAM ALLY MU.SHI • • 0 APPELLANT Versus THE REPUBLIC • • •. a • • • • ., • RESPONDENT (Appeal from the conviction of he High Court of Tanzania at Arusha) ( unuo, J.) dated the 27th day of August, 1987 in Criminal ses~ions case No. 47 of 1985 JUIJGMENT OF THE COURT · ;-:ian.slaughter and sentenced to 10 ·years· i risonmerit. Mro Kapoor appeared for the appella He had filed cm r:;.ppe<-'<l against both conviction and sen ence. He filed 3 grounds of appeal, but he has abandoned them. He s_ubmittect, w::i_·ch "i:he. court 1 s permission, that, the app llant could have been insane at the time he committed the ct. It is common gr-ound that. the appellant had slashed at .w.2 with a panga, bot -i:he panga thrust, after injuring P.W. , also cut the deceased, a child of 1½ years of age, who died as a result of the panga cut. We have carefully reviewed the ce. The appellant h2G no history of insanity, nor had aved in any abnormal way ~t any time. In fact P.W.1, appellan 1 s brother and with whom appellant had stayed for about, yeas, was positive • tho.t the appellant was normal and sane. o was P.w.5 convinccG "i:hat the appellant was sane and normal. nd P.W .. 2, whose • • e • <ft GI • o /2,.. 2 evidence was accepted by the trial court, ha clearly . ,, statc~d tha.t the appellant was attempting to ake sexual ~c1v2.i1ces to her, in a manner usually associa ed with sane individuals. The appellant's statements to he police ;:mc.1 the Justice of peace and his evidence in. court were lucid and coherent and clearly indicated tha. he knew .1;;_1,,.-: tI1e nature and character of what he had don • :;J·..: :-:re satisfied that the a,ppellant wa sane at the tL-1-2 he committed the act. L. M. MAK!\ME · · JUSTICE OF APPEAL R. H. K!SANGA JUSTICE OF APPEAL he original • .. , I certify that this is a true copy of \ : '1• .... I•~ I . .-;__ . , ;2., .-1,,, I (E. M:~K~~Ti~KANGWA) DEPUTY REGISTRAR