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Tanzania Case Law

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Criminal law AGRIKOLA SPECIAL FINDINGS

AGRIKOLA SPECIAL FINDINGS

The accused murdered Cecilia Adrian, but at the time of the offence was insane due to schizophrenia, as established by medical evidence and corroborated by eyewitness testimony. Therefore, he is not criminally responsible for murder by reason of insanity and must be detained as a mentally disordered offender under section 219 of the Criminal Procedure Act.

  • Murder
  • Insanity defence
  • Criminal responsibility
  • Special finding
  • Detention of mentally disordered offenders
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Criminal law Criminal Appeal No

Criminal Appeal No

The appellant was insane at the time of the killings, as confirmed by the medical report; the trial court failed to properly consider and direct on the defence of insanity; conviction and sentence for murder cannot stand; special finding of not guilty by reason of insanity is warranted.

  • Insanity defence
  • Murder
  • Procedure for medical examination
  • Special finding
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Criminal law the director of public prosecutions vs john mtungi 1985 tzca 15 20 november 1985

the director of public prosecutions vs john mtungi 1985 tzca 15 20 november 1985

A court cannot make a special finding of guilt by reason of insanity under section 168 of the Criminal Procedure Code without first hearing evidence to establish that the accused committed the act charged; to do so is a substantive conviction without trial and is an error of law.

  • Insanity defence
  • Criminal procedure
  • Special finding
  • Conviction without evidence
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