19821108 TZHC Dar es Salaam

The accused, by reason of insanity, did not know that his actions were legally wrong at the time of the offence, and is therefore not guilty of murder.

Citation: 19821108 TZHC Dar es Salaam
Parties: Prosecution: The Republic; Accused: Machapa Koliko
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 8 November 1982
Procedural Posture: Criminal / Judgment
Outcome: special finding of not guilty by reason of insanity
Legal Topics: Murder, Insanity Defence
Source Language: English

Criminal Law Murder Insanity Defence

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Parties

The Republic

Prosecution

Machapa Koliko

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

1 Whether the accused was legally insane at the time of committing the offence
2 Whether the accused is guilty of murder

Ratio Decidendi

The accused, by reason of insanity, did not know that his actions were legally wrong at the time of the offence, and is therefore not guilty of murder.

Court Disposition

special finding of not guilty by reason of insanity

Orders

Record of proceedings to be submitted to the Minister of Justice
Accused to be kept in custody at Isanga Mental Institution as a criminal lunatic