HILDA ABEL v REPUBLIC 1993 TLR 246

Facts

The appellant was convicted of murder and sentenced to death. At her trial, she raised the defence of insanity. The doctor who examined her reported that she was insane at the time of 

the alleged murder as she was suffering from defective reasoning due to delusion of thought and imperative hallucination. After analysing and evaluating the evidence and directing himself on the cautioned statement of the appellant in which she admitted killing the deceased and gave a detailed account of the incident, the Trial Judge held that though the appellant was mentally disturbed at the time, she was sane within the meaning of s 13 of the Penal Code. The appellant appealed. 

Held: (i) Insanity within the context of section 13 of the Penal Code is a question of fact which could be inferred from the circumstances of the case and the conduct of the person at the 

material time.

 (ii) Courts are not bound to accept medical expert's evidence if there are good reasons for not doing so.

(iii) As the law now stands in Tanzania, though the appellant may well have been under diminished responsibility, no destruction could be made in terms of criminal responsibility; there is need to update the law in this field.