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Tanzania decisions
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The prosecution proved penetration and the victim's age below 18 years through direct and corroborative evidence, including medical report and victim's testimony. No procedural irregularity or insanity defense was raised. The sentence of life imprisonment was excessive and substituted with the statutory minimum of 30 years.
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The High Court found the accused insane and incapable of making his defence in a murder case, and ordered him detained as a mentally disordered offender.
The accused committed the act of murder but was insane at the time of commission and is therefore not guilty by reason of insanity under sections 219(2) and 220(4) of the Criminal Procedure Act.
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The Court of Appeal quashed the conviction and sentence after finding that a mental examination order and medical report were not properly considered, and ordered a retrial.
The Court of Appeal dismissed a review application, holding that the challenge did not show a manifest error on the face of the record under Rule 66(1)(a).
The Court of Appeal quashed a murder conviction after finding the trial court failed to make the required special finding on the appellant’s mental status.
The appellant's plea of guilty was not unequivocal due to his apparent mental instability, and the trial court erred by convicting and sentencing him without ascertaining his mental status. The admitted facts were also insufficient to establish the offence of armed robbery.
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The High Court quashed a guilty plea conviction for attempted rape and indecent assault, finding the facts were insufficient and the plea not unequivocal.
Motive is not a necessary element to establish criminal responsibility for murder under Tanzanian law; the appeal lacks merit and is dismissed.
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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.
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