republic vs ayubu rashidi mshahara 2010 tzhc 279 5 october 2010
The accused killed the deceased but was suffering from a disease affecting his mind and was incapable of understanding what he was doing at the time of the offence. Therefore, by reason of insanity, he is not guilty of murder.
- Citation
- republic vs ayubu rashidi mshahara 2010 tzhc 279 5 october 2010
- Parties
- Prosecution: The Republic; Accused: Ayubu Rashidi @ Mshahara
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 5 October 2010
- Procedural Posture
- Criminal / Final Judgment
- Outcome
- Special finding of not guilty by reason of insanity
- Legal Topics
- Murder, Insanity Defense, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Ayubu Rashidi @ Mshahara
Accused
Procedural Posture
Criminal / Final Judgment
Legal Issues
- 1 Whether the accused killed the deceased
- 2 Whether the accused was insane at the time of the offence and thus not criminally responsible
Ratio Decidendi
The accused killed the deceased but was suffering from a disease affecting his mind and was incapable of understanding what he was doing at the time of the offence. Therefore, by reason of insanity, he is not guilty of murder.
Court Disposition
Special finding of not guilty by reason of insanity
Orders
- Accused to be kept in prison as a criminal lunatic
- Reports to be prepared and sent to the Minister under section 219 of the Criminal Procedure Act, Cap 20 [R.E. 2002]
Full Case Text
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