republic vs amatus 1997 tzhc 100 10 january 1997

republic vs amatus 1997 tzhc 100 10 january 1997

Expert medical evidence established the child was born alive and died from asphyxia after inhaling sand, disproving the accused's claim. The accused wilfully buried the child while her mind was disturbed from childbirth, fulfilling the elements of infanticide under section 199 of the Penal Code.

Citation
republic vs amatus 1997 tzhc 100 10 january 1997
Parties
Prosecutor: The Republic; Accused: Crescensia Amatus
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 January 1997
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Infanticide, Mental State, Mitigation, Sentencing
Source Language
English
Criminal Law Infanticide Mental State Mitigation Sentencing

Case Brief

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Parties

The Republic

Prosecutor

Crescensia Amatus

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the child was born alive
  2. 2 Whether the accused caused the death of her child
  3. 3 Whether the accused's mental state affected criminal responsibility

Ratio Decidendi

Expert medical evidence established the child was born alive and died from asphyxia after inhaling sand, disproving the accused's claim. The accused wilfully buried the child while her mind was disturbed from childbirth, fulfilling the elements of infanticide under section 199 of the Penal Code.

Court Disposition

conviction

Orders

  • Accused convicted of infanticide under section 199 of the Penal Code.
  • Accused released on condition she does not commit a similar offence for 12 months.