Relevance and applicability of M'Naghten's rule in Tanzania. By Johnson Yesaya.

INTRODUCTION AND HISTORICAL BACKGROUND OF M’NAGHTEN’S RULE

In 1843, Daniel M’Naghten tried to assassinate England’s Prime Minister Sir Robert Peel. In his mind M’Naghten thought peel wanted to kill him, so he attempted to shoot Peel but unfortunately he shot and killed Peel’s secretary Edward Drummond. Later it was testified before the court by medical experts that, during the commission of an offence the accused was psychotic and didn’t understood what he was doing. M’Naghten was found not guilty for being insanity during commission of  an offence.

M’Naghten’s case came to the intention of the public, and House of Lords in parliament ordered the Lords of Justice of Queen’s Bench to fashion a clear and strict definition of criminal insanity. Lords of Justice complied to the requirements of House of Lords and declared that insanity was a defence to criminal charges only if,

“at the time of the committing of the act, the party accused was labouring under such a defect of reason, from a disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong”. 

M’naghten’s rule is a test to reveal whether an accused was at stable state of mind when he committed an offence, and if yes, then he is guilty of an offence and if not, it exonerate accused from charges. A defence of insanity only function, when during the commission of an offence, an accused was incapable to determine the danger of his acts or omission which resulted to commission of an offence, failure to prove that, insanity is not a defence at all.

CRITICISM AGAINST M’NAGHTEN’S RULE

This particular test for legal insanity has been challenged for a number of reasons. Some have argued that accused meeting the legal meaning of insanity don't always conform to the medical criteria for insanity, but are sentenced to compulsory medical care anyway.

Also, M’Naghten rule fails to distinguish between accused posing a public danger and those who don't, or between temporary mental health issues and lifelong conditions. Finally, some have argued that this rule makes it too easy for accused with a severe mental disorder or psychotic to escape criminal responsibility for any offence, regardless of how big a role the disorder played in the incident.

RELEVANCE AND APPLICABILITY OF M’NAGHTEN’S RULE IN TANZANIA

In Tanzania, the M’Naghten Rule is referred to as “Insanity” which is a defence for criminal liability provided under Section 13 of PENAL CODE . There is no huge discrepancy in applicability of this rule to many jurisdictions, in Tanzania particularly, the above section recognize acquittal of an accused when clearly proved that, mind of an accused was affected and not stable during commission of an offence. Section 13 (1) a,b,c and (2) provides that,

 “A person shall not be criminally responsible for an act or omission if at the time of doing the act or making the omission he is through any disease affecting his mind– incapable of understanding what he is doing; incapable of appreciating that he ought not to do the act or omission; or does not have control of the act or omission. A person may be criminally responsible for an act or omission although his mind is affected by disease, if such disease does not in fact produce upon his mind one or other of the effects referred to in subsection (1) to that act or omission”.

In Republic v Maneno  An accused was set free after being testified by medical experts that, an accused was at state of being incapable to understand what he was doing and then committed an offence. Chande J, under section 219 (3) (a) of Criminal Procedure Act  ordered an accused to be transferred and kept in a mental hospital.

REFERENCE

STATUTES

1. PENAL CODE CAP 16 R:E 2002

2. CRIMINAL PROCEDURE ACT, CAP 20 R:E 2002

CASE LAWS

1. Queen v. M'Naghten, 8 Eng. Rep. 718 [1843])

2. Republic v Maneno (CRIMINAL SESSIONS CASE NO. 61 OF 2001) [2005] TZHC 60; (11 November 2005

ONLINE SOURCE

1.https://legaldictionary.thefreedictionary.com/M%27Naghten+Rule

2.https://criminal.findlaw.com/criminalprocedure/the-m-naghten-rule.html