Penal Code of Tanzania - Criminal Defense Wiki
Penal Code of Tanzania - Criminal Defense Wiki
Penal Code of Tanzania - Criminal Defense Wiki
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
omit to do an act, or to form an intention, is immaterial so far as regards criminal responsibility.<br />
11. Mistake <strong>of</strong> fact<br />
(1) A person who does or omits to do an act under an honest and reasonable, but mistaken,<br />
belief in the existence <strong>of</strong> any state <strong>of</strong> things is not criminally responsible for the act or omission<br />
to any greater extent than if the real state <strong>of</strong> things had been such as he believed to exist.<br />
(2) The operation <strong>of</strong> this rule may be excluded by the express or implied provisions <strong>of</strong> the law<br />
relating to the subject.<br />
12. Presumption <strong>of</strong> sanity<br />
Every person is presumed to be <strong>of</strong> sound mind and to have been <strong>of</strong> sound mind at any time<br />
which comes in question until the contrary is proved.<br />
13.<br />
Insanity<br />
(1) A person shall not be criminally responsible for an act or omission if at the time <strong>of</strong> doing<br />
the act or making the omission he is through any disease affecting his mind–<br />
(a) incapable <strong>of</strong> understanding what he is doing;<br />
(b) incapable <strong>of</strong> appreciating that he ought not to do the act or omission; or<br />
(c) does not have control <strong>of</strong> the act or omission.<br />
(2) A person may be criminally responsible for an act or omission although his mind is<br />
affected by disease, if such disease does not in fact produce upon his mind one or other <strong>of</strong> the<br />
effects referred to in subsection (1) to that act or omission.<br />
14.<br />
Intoxication<br />
(1) Save as provided in this section, intoxication shall not constitute a defence to any criminal<br />
charge.<br />
(2) Intoxication shall be a defence to a criminal charge if by reason there<strong>of</strong> the person<br />
charged at the time <strong>of</strong> the act or omission complained <strong>of</strong> did not understand what he was doing<br />
and–<br />
(a) the state <strong>of</strong> intoxication was caused without his consent by the malicious or negligent<br />
act <strong>of</strong> another person; or<br />
(b) the person charged was by reason <strong>of</strong> intoxication insane, temporarily or otherwise, at<br />
the time <strong>of</strong> such act or omission.<br />
(3) Where the defence under subsection (2) is established, then in a case falling under<br />
paragraph (a) <strong>of</strong> that subsection the accused shall be discharged and in a case falling under