19780105 TZHC Dodoma

19780105 TZHC Dodoma

The accused killed the deceased, but due to unsoundness of mind caused by epileptic psychosis, he was incapable of knowing what he was doing or that it was wrong, and is therefore not guilty of murder by reason of insanity.

Citation
19780105 TZHC Dodoma
Parties
Prosecution: The Republic; Accused: Mohamed s/o Thomas
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 January 1978
Procedural Posture
Criminal / Judgment
Outcome
Not guilty of murder by reason of insanity
Legal Topics
Murder, Insanity Defence, Mental Illness, Criminal Responsibility
Source Language
English
Criminal Law Murder Insanity Defence Mental Illness Criminal Responsibility

Case Brief

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Parties

The Republic

Prosecution

Mohamed s/o Thomas

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused killed the deceased
  2. 2 Whether the accused was of unsound mind at the time of the act and incapable of knowing what he was doing or that it was wrong

Ratio Decidendi

The accused killed the deceased, but due to unsoundness of mind caused by epileptic psychosis, he was incapable of knowing what he was doing or that it was wrong, and is therefore not guilty of murder by reason of insanity.

Court Disposition

Not guilty of murder by reason of insanity

Orders

  • Certified copy of proceedings to be submitted to the Minister under section 168 of the Criminal Procedure Code
  • Accused to be kept in custody as a criminal lunatic