19850925 TZHC Dar es Salaam

\ DT :I.1I-ill IITGH COlTilT o:,:, '.!: . Y"?,i,?IA OP..IGDTLL JURISDIC'l1ION' (Dar es Salann Il.egist:iy) CRIJWII~AL SESSION'S Ci:3:C NO. 16 OP 1981 The United Republic versus

SHIBA JOFI PROCEJ~DIKG;J 25/9/85 Coram: Baba.ti, J. For Republic - Kyaruzi/Kamba For Accused.: Er. Kisr:.)l:a, ,:·: : \' .. ,. Accused: lTesent. \); . ; :; , . Hr-► Kyaruzi :- Counsel who was to prosecute this case has alre8:dy see~ M,1:.,:4'-;~ '': I your Jl.ordship to tell you that he is indisposed.· His \' \~\ . 118.me is I.ii:'. \fere~a. lTo:-i.·oovo1· I do not see any witnesses\' \ ·, in this case. P~guest adjournnent. r:: '\..'. - prder: - Hearing adjoun1ec1 to another data to be fixed by Registrar. l.,. \~.,.~-;.,. A.1·,/ Sgd. JU::Xrn \;t•·. . .' \jf.·.i f1' . _ . 25/9/85 iI•: '. . ., ~: '.i'here is no need to waste time~ I do admit the charge and I am waiting foi~ sentence only. Mr. Kisaka: - I did not get such instructions :from the accused and in any case I would not advise him to do so. Prop..!_ - I would be ready to give the facts after an hour or so • .9£§2]'...:.. - Plea to be taken after o.n llm.lr to allow the Prosecution time to prepa1--e the facts. Sgd. .;; • Tu.ha ti

JUDGE 25/9/85 11.20 a.m. Court as before Appearances as before- Accused: present. l'!r, Kyaruzi: ::·.;:.: .:...I am applyi!lg to substitute a fresh information: with t'.hree ·coiui~s/· Mr. Kisal.c:a: .No objection.· Court: - ·Accused di scharg8d of pr8Vi ous inf ormati Ono Fresh inf ormatiO.r1 .read o~er and ex?lained to accusdd who states:- !st Count:- It is true ind. count:- It is true Jrd. Count: - It is true Entered as a plea of guilty to the three counts. Prosecution: - Facts . The accused Simba Toti 1s charged with three counts of attempted murder contrary to Section 211 of the Penal Coie. On 7th June, 1979, a9eused while along Jamhuri Street in Dar ea S.alaam attempted to kill three people who are C. P. L. Mlcpmwa and Chanda Mohamed and Peter Vioe.nt. Corporal Mkomwa was shot at by the accused using a pistol whiie trying to arrest accused lawfuily. This corporal got a dangerous wound at the stomach, Also other people who were trying to assist Corporal M1comwa were shot at by accused who then suffered serious wounds. Chande Mohamed was wounded at his stomach and the third it1jured person was Peter Vice.n-t· who was wounded at his right leg, Eventually the aooused was overpcHered and arrested. I wish to tender the PF.3 in respect of the three injured person.a. I iende1' PF.3 i.n respect~of Corp. Mkomwa (admitted as e:,:hibit P.I). I alEIO tender PF. 3 of Chande Mohamed as exhibit (admitted as e:ich. Po2) I also tender PF.3 of Peter Vinoent as exhibit (admitted as exh. P$3). I will read what the fl exhibits have on thenir. (Reads through e.xhibi~~)- Th-<l·t is all. ~ooueea~- ~he facts are oorreot. Co1rt:- El On hie own admisslon of the offence and facts I convict accused of the offences as ohargedo Sgd. A. Bahati

JUDGE I ~ '3/ 25/9/1985 Pro~:{-· The accused wr.s cu~-victe<"I. .i.n ~ i n Kisutu Criminal Case No.1331/79., · · · .... /3 ---- 3 Court: Thnt is not. previous conviction. There is no record. H:iti&1tion: · T.he accused went to a shop of some /\Siem and committed robbery• Then he esc~ped. Then as the Police was arresting the accused, accused sho-c these people. The accused v~s . convicted of robbery in the District Court and was sentenced to 7 yenrs. .But these offences were in _the course of the robbery offence. The :.:fc -:i.rned is mnr:ded with one child. His parents are old and do depend on hirn. I t,sk that the accused' :fate be considered along those lines. Allocutus:- Nil Sentence: ltccused is F.I first off(:mder, He hc.s buen in custody since 9/6/79 r- when he w.:-1s nrrested. ·-1e is at the moment serving a 7 year sentence for robhery which wn.s committed in the courr,e of the commission of these othGr offences. I agree w:i.. th the defence counsel that the sentences in this cnse should nm concurrently w:i. th the sentence in the robbs:ry case. I gan see hardly anything in f::wour of the accused here as this was.: ::\eliberate coJ1rdnsion of an of/once which could have cost three lives. These types of ofienpes nre quite prevalent in !or es Salaam City and as such a severe sentence is called for. I however take into consideration the accused's plea of guilty and [.,lso

his age and his dependants. But in view of the seriousness of these of:i:ences which were committed by t:Ie use o:f n lethal weapon namely a pistol I sentence o.ccusoa as fol\ows:-- J.at CAllnt:- Imprisonment for t·-,venty five years. 2nd Count:- Imp:i;-iso:nment for twenty five yeo.:r;s. .2!d Count:- Imprisorim.ent for twenty five yea.rs. These sentences arc to run concurrently with one another and they o.re also to run concurrently vii tll tiw sen-;:ence o:c seven ye3.rs for rob):)e:ry whiah sentence tl1e :,c .::..umJ. is no',7 servir:ig. I also order accused to pay compcnso.tion to each o.::' ~1is victi1,1s in the sum of Shs. 3,000/= for each vj_ctim. Right of appeal against sentence to the court of Appeal explained. .. ---~-- ~-~~~~:_):' .. -------~~~r - ·. \--· - ---- . ,.··· .... · JUDGE ·\ I . '