19730309 TZHC Mwanza4

Appellant was insane at the time of the offence and at the time of answering to the charge; conviction substituted with a finding of not guilty by reason of insanity; sentence set aside.

Citation: 19730309 TZHC Mwanza4
Parties: Appellant: Pid Hmai Tlibuez @ Hassayi Tliburb; Respondent: Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 9 March 1973
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Insanity, Sentencing, Disturbance in Police Station
Source Language: English

Criminal Law Insanity Sentencing Disturbance in Police Station

Case Brief

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Parties

Pid Hmai Tlibuez @ Hassayi Tliburb

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the appellant was insane at the time of the offence and at the time of answering to the charge
2 Whether the sentence imposed exceeded the statutory maximum

Ratio Decidendi

Appellant was insane at the time of the offence and at the time of answering to the charge; conviction substituted with a finding of not guilty by reason of insanity; sentence set aside.

Court Disposition

appeal allowed

Orders

conviction substituted with finding of not guilty by reason of insanity
sentence of imprisonment set aside