death. It follows that, the Applicant in the present case seeks a determination from this Court as to whether the failure by domestic courts to consider circumstances herein specified amounts to a breach of fair hearing and consequently of the right to life. This Application is therefore to be distinguished from Rajabu as the present case provides an empirical opportunity to assess whether specific circumstances were actually advanced by the Applicant, which domestic courts failed to examine while applying the death sentence. 71. Noteworthy, in its response to the initial Application, the Respondent State submitted that the trial court and appellate court did not sustain the Applicant’s defence of insanity because the latter did not meet the standard required by law and that it was proven beyond reasonable doubt that the Applicant was sane and knew what he was doing when committing the offences. 72. It emerges from the record that the main point of contention between the Parties on the issue under determination is the failure of domestic courts to consider the Applicant’s defence of insanity; and reliability of the health report that formed the judicial position of the sentencing court. In this respect, this Court recalls its position in Gozbert Henerico v. United Republic of Tanzania19 where it found that the failure of the High Court to consider the medical evaluation report of the Applicant’s mental health status, constituted a grave procedural irregularity that resulted in a violation of the Applicant’s right to a fair trial, as guaranteed under Article 7(1) of the Charter. 73. This Court notes that, in the instant matter, the High Court considered the Applicant’s defence of insanity by examining the medical report produced by the Isanga Mental Institution; and decided to set aside the said report on the ground that it was tendered by PW5, Dr Mbatia, who did not prepare it. However, the High Court also considered the defence of insanity in light of 19 Gozbert Henerico v. Tanzania (merits and reparations), § 160. 19