milembe singu vs republic 1986 tzca 63 2 december 1986

The appellant killed her child and neither customary law nor mental confusion provides a defense under Tanzanian law; the defective charge did not prejudice the appellant and is curable.

Citation: milembe singu vs republic 1986 tzca 63 2 december 1986
Parties: Appellant: Milarbe Singu; Respondent: Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 2 December 1986
Procedural Posture: Criminal Appeal / Appeal From Conviction and Sentence
Outcome: appeal dismissed
Legal Topics: Murder, Customary Law, Mental State, Diminished Responsibility, Defective Charge
Source Language: English

Criminal Law Murder Customary Law Mental State Diminished Responsibility Defective Charge

Case Brief

Summary, issues, holding and outcome

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Parties

Milarbe Singu

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

1 Whether the appellant killed her child Hhuubi d/o Mathias
2 Whether customary law or mental confusion could provide a defense to the charge of murder
3 Whether the defective charge prejudiced the appellant

Ratio Decidendi

The appellant killed her child and neither customary law nor mental confusion provides a defense under Tanzanian law; the defective charge did not prejudice the appellant and is curable.

Court Disposition

appeal dismissed

Orders

Appeal dismissed in its entirety