final sentence VICENT TIMOTH 1 TANZLII

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA MOSHI SUB-REGISTRY

AT MOSHI CRIMINAL SESSIONS CASE NO. 3384 OF 2024

THE REPUBLIC

VERSUS VICENT TIMOTH @ NG’UNDA

RULING ON SENTENCE 14th & 17th February, 2025 A.P.KILIMI, J.: Initially the accused person VICENT TIMOTH @ NG’UNDA in Preliminary hearing was arraigned in this court for the offence of murder contrary to section 196 and 197 of the Penal Code Cap. 16 R.E. 2022 “the Penal Code” but when this matter was placed before me for hearing on 14th day of February 2022, Mr. Deusderius Hekwe learned advocate as legal aider to the accused person prayed to this court that his client is ready to plea the lesser offence of Manslaughter. The Republic being represented by Mr. Henry Daudi assisted by Ms. Wanda Msafiri both learned State Attorneys did not object the said prayer. Consequently, the charge was substituted hence the information of manslaughter contrary to section 195 and 198 of the Penal Code was read 1 over to him to the effect that on 8th day of October, 2023 at Masama- Nguni area within the District of Hai in Kilimanjaro Region, he did unlawfully cause the death of one ABDUL HUSSEIN@JOSEPH. The accused person replied it is true, thereafter the facts constituting the offence charge was read to him again conceded to them. In that regard I entered the plea of guilty against him for the above offence charged. However, his sentence was reserved and today this matter is coming for such respect. Before embarking into the sentencing on merit, I deem obliged to narrate, albeit brief the

background of this matter led the accused person to be charged. Both accused person and deceased were invitees in the wedding ceremony of Amani s/o Elimeleki Ng’unda convened at his home Masama Nguni Hai District on 08th day of October, 2023. In the course of celebration, the accused and the deceased entered into confrontation. Then the conflict escalated between them, the accused person pulled out a knife from his trouser pocket and stab the deceased on his right ribs below his chest. The deceased was rushed to Masama Mbweera Health Centre for treatment where he died while undergoing treatment on 9th October, 2023. 2 The whole incident was reported at Bomang’ombe Police Station, thereafter police officers attended the crime scene, drew a sketch map of the scene of crime and manifested autopsy of the deceased body and therefrom revealed that the cause of death was due to ‘‘Hemorrhagic Shock due to chest injury with sharp object and bleeding a lot”. The accused person was arrested, interrogated and confessed to commit the offence of causing the deceased death. Since the accused person has pleaded guilty on the charge of manslaughter, in order to gauge the proper sentence in view of the facts above, I find apposite to quote the provision establish the offence and sentence hereunder; “S. 195 (1) Any person who by an unlawful act or omission causes the death of another person is

guilty of manslaughter. (2) An unlawful omission is an omission amounting to culpable negligence to discharge a duty tending to the preservation of life or health, whether the omission is or is not accompanied by an intention to cause death or bodily harm” 198. Any person who commits manslaughter is liable to imprisonment for life. “ 3 Praying for stiff sentence, Mr. Daudi learned State Attorney informed me that the accused person had no previous criminal records, but prayed this court to consider three reasons in awarding sentence; First; the weapon used by the accused person to assault the deceased which is the knife. Second; the inflicted part of the weapon on the deceased body which was vulnerable part of the body and third; the accused person conducts before and after the said assault, expounding further the state Attorney said the accused person left the confrontation, went home and came back with a knife, also after assault the accused person run away from the scene of crime instead of helping the deceased , which shows that he had an ill motive to kill the deceased. To lessen the obvious punishment to be awarded, accused mitigation which was advanced by Mr. Hekwe learned advocate, basically various reasons were raised as follows; that the accused person was the first offender; The learned advocate further informed this court to consider circumstances which does not show

any evil motive on part of the accused person, which are first, the incident happened at midnight in area where many people were in attendance for celebration. Second, the deceased and other people who attended the said celebration were heavily 4 drunk. Third, the incident happened where there was confrontation which was between one ‘Ndea’ and other riders and not between the accused person and the deceased. Fourth, the incident happened at the house of his young brother of the accused named Aman who invited at his home other people to celebrate his marriage, and fifth the weapon used was taken from inside the home of his young brother, thus he used for his defence. Maintaining the sentence to be awarded be lenient, the learned advocate further told this court that the accused person has stayed as remand prisoner from 9/10/2023 till this conviction, thus he has learnt a lot to be a good citizen; also that when the accused person committed this offence he was 23 years old, so he was young for his age as he was incapable in reasoning as an adult taking regard he was influenced by the liquor. Lastly, the learned advocate beseeched me to give a lenient punishment due to accused corporation to the investigation machinery, since he surrendered himself to the police and then prayed to be sent to justice of peace where he said the truth about the incident. The learned advocate added

that the accused person has also cooperated by confessing 5 the offence in this court, by doing so has served the precious court time and prosecution costs, all these shows his regret to the offence committed. Having carefully considered the aggravating factors from the Republic, mitigation from the defence and the facts constituting the offence charged, basically the level of seriousness of the offence is determined by the facts constituting the offence charge, then thereafter circumstances stated in aggravating factors and mitigation comes in for purpose of maintaining the higher range or reduce the range. According to Tanzania sentence guidelines 2023 at page 37, the offence of Manslaughter has three level, which are low, medium and High level. As alluded above the determinant factor to this level is the facts of the case itself. According to the facts depicted above the accused person used a knife to stab the deceased, the evidence of post mortem report and his extra judicial statement admitted in this court collectively as PE1 prove that the accused person used a knife to stab the deceased. Thus, it is undisputed that a knife is a dangerous weapon when used in stabbing a body of the human being. Therefore, in view to the guidelines said above his sentence falls under the High-level Manslaughter which range from ten (10) years as starting point to life imprisonment as

maximum sentence. 6 Now the next point to be considered is which sentence is appropriate in the above range stated. Having considered the seriousness of the offence as the facts stated above, the circumstances which the incident happened and the reason that the accused person being the first offender. I find a sentence of eighteen (18) years imprisonment suffice as a starting point in the above range stated. However, since the accused had pleaded guilty. I am mindful that his act of pleading guilty has saved precious time of this court, expense to the state, and avoided putting the victim through a court process. He also admitted the offence when interrogated and before justice of peace, this indeed shows his remorse to the offence he committed. In that regard I find him to deserve a whole plea of guilty discount of one third (1/3) to the sentence of 18 years. For the foregoing, 6 years being one third is deducted from the whole sentence, thus the accused person shall serve a sentence of twelve (12) years imprisonment, subject to deduction of the period he spent in custody for the offence of manslaughter u/s 195 and 198 of the Penal Code. According to the record accused person was remanded for the first 7 time by the District Court on 17th day of October 2023, today is almost 16 months which should be deducted forthwith. Order accordingly. DATED at MOSHI this day of 17th day of February, 2025

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JUDGE Signed by: A. P. KILIMI COURT: Ruling on sentence delivered today on 17th day of February, 2025 in the presence of Ms. Wanda Msafiri learned State Attorney, Mr. Deusiderius Hekwe advocate for accused person and Accused person present. Sgd; A. P. KILIMI

JUDGE 17/02/2025 COURT: Right of Appeal against sentence explained. Sgd; A. P. KILIMI

JUDGE 17/02/2025 8 9