JOSEPH MASANJA

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA [IN THE DISTRICT SUB-REGISTRY OF SUMBAWANGA] AT SUMBAWANGA CRIMINAL SESSION NO. 74 OF 2022 REPUBLIC VERSUS JOSEPH s/o MASANJA Date: 20/06/2024 JDGEMENT NANGELA, J. The accused person is Joseph s/o Masanja, aged 33 years old, Male peasant Christian and resident Mawiti. The accused person stands charged with the offence of manslaughter, Contrary to Section 195 (1) and 198 of the Penal Code, Cap 16 R.E 2019. The deceased is Boniface s/o Mathias. Before his death, he was residing at Mawiti village within Miele District. On the fateful day of December 10, 2021, at Kabunde village, the accused person, deceased, and another person were drinking local brew at the residence of James Manyika @ Joseph. The accused person and the deceased started to exchange abusive words, and quarrelling arose. The accused person picked a stone and hit the deceased on the head, causing Page 1 of 6 him a serious injury as the deceased started to bleed profusely, which led to excessive bleeding. On the crime scene, he was given first aid by Henry s/o Manyika but that could not be helpful. Later, the bar owner, James s/o Manyika was informed by Henry s/o Manyika that it was the accused who injured the deceased with a stone. He thereby sent the accused to and the injured Boniface (now deceased) to a ten-cell leader, Luhemeja s/o Tungu and thereafter to the Majimoto Police post, where Boniface was issued with a PF-3. With the assistance of the accused, the said Boniface (now deceased) was rushed to Mamba Health Centre for medical attention. He was thereby admitted, while afterwards the accused was detained at the Police station on the same day. On December 12, 2021, Boniface's condition deteriorated and thereafter he passed away. On the same day, a Police Officer called WP.9817 DC. Pilly, interrogated the accused, who recorded a caution statement and confessed to having attacked the deceased while in a quarrel. On December 14, 2021, an autopsy was carried out by Dr. Speratus s/o Kalumuna who later issued a Postmortem report which revealed that the deceased died due to Traumatic brain injury. On December 15, 2021, a visit by the Police was made to the scene of crime and one Police Officer named A/INSP. Kambona drew up a sketch map. Page 2 of 6 On the 20th of June the accused was arraigned in court facing charges of MANSLAUGHTER. He pleaded guilty to the charge sheet and admitted all the facts constituting the offence. Given that the accused has pleaded guilty to the charges (having been read over and explained to the accused person in Kiswahili) and based on the facts that the accused accepts as correct and the documentary evidence (which were as well read over and explained to the accused person in Kiswahili, the language he is conversant with), this court finds that the accused's plea is unequivocal. The law is clear that, where an accused person pleads guilty to the offence charged and his plea is unequivocal, the court will proceed and convict such an accused person. In view of the above, this court does hereby find the accused guilty and convict him of MANSLAUGHTER contrary to section 195 (1) and 198 of Penal Code, Cap.16 R.E. 2022. Sgd: Deo John Nangela Judge 20/06/2024 SENTENCE HEARING Mr. Muhangwa: My Lord, there are no previous records of the accused. However, we pray that a stiff punishment be imposed on the accused person as a lesson so that he should not take things at hand unnecessarily. We also pray for such a sentence to be a lesson to others. That is all I can say. Page 3 of 6 Sgd: Deo John Nangela Judge 20/06/2024 MITIGATION OF THE SENTENCE: Mr. Amour (Advocate): My Lord, we pray that this court considers that the accused is a first-time offender with no previous record of committing offences. We also pray that the court considers that he has been in remand prison for two and a half years. Moreover, he has shown remorse and learned his lessons while in remand custody. He has also confessed his offence by pleading guilty to the information (charge sheet), which was read over and explained to him, and, for that matter, he has saved this court's precious time and other financial resources. My Lord, it is worth noting as well, that, after the incident, the assisted the deceased by trying to give him first aid and did present himself to the police, where he was remanded. We also pray that his age be considered, as well as the fact that he has a family to look after. That is all. Sgd: Deo John Nangela Judge 20/06/2024 Page 4 of 6 SENTENCE I have heard about the mitigating factors, and I take note that the accused person has no prior criminal history. He is, therefore, a first-time offender. I do agree as well that the accused has shown remorse, and he was even remorseful after the incident, as he did try to save the deceased's life by trying to offer first aid and take him to hospital. I also consider that he reported and presented himself to the police after the incident and that, he has been in remand custody for almost two and a half years now. In my view, the period he has been incarcerated as a remandee must have been sufficient to instil wisdom in the accused's heart and mind that always he should void acting negligently or in anger. Had he not acted with anger when the quarrel between him and the deceased ensued, he would not have landed where he found himself after the fact. It is said in the proverbial Kiswahili language that "Hasira ni Hasara" (freely translated to mean "Anger leads one to a serious to loss") and, further that "Hasira ya Mwanadamu Haitendi Haki ya Mungu" (freely translated to mean "A man's anger never executes the righteousness' of God"). As it may be noted in this case, his untamed anger has caused a loss of life, and what happened was not commensurate with whatever abusive words the deceased might have uttered against the accused when the two engaged in a quarrel. Page 5 of 6 On the other hand, I am also privy to the fact that the offence of manslaughter, for which he stands convicted, was not of the serious level owing to the circumstances pertaining to its commission. That being the case, since this court has found the accused guilty and convicted him on his own plea of guilty, a lenient sentence is befitting. In view of that, in terms of Section 38 of the Penal Code, Cap. 16 R.E. 2022, this court sentences the accused person, Joseph s/o Masanja to a one-year conditional discharge. That means, therefore, that, within a period of twelve months (12), he should refrain from and not be involved in any criminal offence. In the case of breach thereof during this period of 12 months' conditional discharge, he will be subjected to an arrest and be liable to be sentenced for the offence he was convicted of today. It is so ordered. VAI GW DEO JOHN NANGELA JUDGE 20th OF JUNE 2024 Right of appeal explained and guaranteed. Page 6 of 6