Isambi Chizu vs Republic (High Court Criminal Appeal No 35 of 2000) [2000] TZHC 358 (4 July 2000)

need not keep in prison one extra second0 ... ...... , _oJ1 t& IN TRi HIGH C(';LTRT OF TAN2JANIA AT HBEYA HIGH COURT CRIMINAL APPEAL NO 35 OF 2000 (Original Criminal Case No 76 of 2000 of rToozi District Court at Vwawa Befox'e: FCPO i'Idendemi District Magistrate) LAMBI CHIZU APPELLANT Versus THE REPUBLIC .., RESFONPPNT JUDGMENT HIJ. The district court of Mbozi sentenced the appellant, Isambi Chizu, to thirty years imprisonment consequent upon conviction for Rape, contrary to sections 130 and 1 3 1 (1) of the Pehal Code. Ten strokes of the cane were also ordered as well as a compensation of shs.200,000/= to the victim of the offence. The conviction was on a plea of guilty, and the aPPellant in this appeal against the cohvi•ction and sentence asserts that he did not know he committed the offence and was pleading guilty on account of that he was at the time of the offence, and still is, suffering from a disease of the mind. I would, with respect, agree with the learned state attorney, Mr. Bonif ace, that the appellant was at the time of the offence, and still is, a mental case. One only needs to see and hear him to realise this fact. It is a surprise that this glaring fact had escaped the attention of the learned trial magistrate. The appellant was at the time of the offence, and still is, undergoing treatment of a mental illness at Mbozi Moravian Church hospital under the hand of a psychiatrist, 0. Simbeye, who has filed a certificate to that effect All I need say, and Mr. Boniface agrees, is that our law forbids the sentencing to prison of a person who commits an offence while suffering from a mental illness or who is at the time of sentencing a victime of a mental illness0 The procedure forthat is set out in the relevant provisions of the Criminal 1ocedure. Act.- 1985 he appl1ant /

I acordiiagiy allow the ap- peal,i quash the conviction, set aside the sentence and the order for corpenâation made thereunder, and hereby order the immediate release of the appellant from prison0 He should I - continue with treatment