SUPA SEKENYA ISHERU

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA AT SUMBAWANGA SUB-REGISTRY CRIMINAL SESSION CASE NO.13611 OF 2024 THE REPUBLIC VERSUS SUPA SEKENYA @ISHERU Date of Judgement: 03/07/2024 JUDGEMENT NANGELA, J.: The accused person SUPA SEKENYE @ISHERU is a 30-year-old peasant, Sukuma, a resident of Majimoto, Miele District and the Region of Katavi. He stands charged with an offence of attempted murder c/s 211(a) of the Penal Code, Cap.16 R.E 2022. The Victim is NORAL d/o MAGWE, a resident of Katima Village, Tanganyika District and the Region of Katavi. The accused committed the offence on the 25/09/2023 at the premises of the Victim located at Katuma Village, in the mining camps. On the material date, the victim was at her premise with NASORO KITAMBI, MAJIGE SHIJA@MZEE WA CCM, and ISMAIL LIKUMAY @ MASAI. Around 21:30 hrs, while the victim was preparing herself to take a bath, she overhead MAJIGE SHIJA @MZEE WA CCM screaming for help "Dada Nakufa" (freely translated to mean "sister I am dying"). As the victim went out, she saw the accused with a machete (Panga). The accused attacked the victim by cutting her in various parts of her body causing her to bleed profusely. The Victim sought help from her neighbour ARON s/o JEREMIA. The accused fled away from the Page 1 of 5 scene of crime leaving behind the machete. The victim was taken to Tanganyika Police Station where she was issued with a PF-3, and she was admitted at Katavi Referral Hospital and attended and examined by TITIUS SESE PAULINE. On the 12th of October 2023, the accused was arrested and marched to Tanganyika Police Station where he was interrogated by way of caution statement by WP. 12255 D/CPL FATUMA and he confessed to have committed the offence. On the 21st of November 2023, the accused was taken before a Justice of the Peace one Sylvester Felix Makombe and he also confessed to have committed the offence. Later he was arraigned before this honourable court where and was charged with attempted Murder as earlier stated. During the preliminary hearing stage, the accused person pleaded guilty to the charge (information) after it had been read over and explained to him in Kiswahili language, the language he is conversant with. The prosecution tendered a PF-3 of the Victim and a caution statement of the accused. Considering the information that was read and explained to the accused in Kiswahili, a language he is familiar with, and the facts that the accused acknowledged as true and correct, it is the finding of this court that the accused has unquestionably pleaded guilty to the charge of attempted murder, an offence that is in violation of Section 211(a) of the Penal Code, Cap. 16 R.E. 2022. The law is very clear: 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 Page 2 of 5 does hereby find the accused guilty and convict him of the offence of ATTEMPTED MURDER contrary to section 211(a) of the Penal Code, Cap. 16 R.E. 2022. Sgd: Deo John Nangela Judge 03/07/2024 SENTENCING HEARING Mr. Muhangwa (State Attorney for the Republic): My Lord there is no previous record regarding this offender. However, I pray that he be given an appropriate punishment. Sgd: Deo John Nangela Judge 03/07/2024 MITIGATION OF THE SENTENCE Mr. Ngao (advocate for the accused person): My Lord, as it was stated, the accused is a first-time offender. He is also a father to four kids and has a wife who depend on him. He has readily pleaded guilty to the charges and so has not even caused any expense to the court in terms of calling of witnesses. His clear-cut admission of guilt serves as proof that he is sorry for what he did. Because of this and the fact that he has been in remand custody for eight months, I ask the court to be merciful in the accused's punishment. That is all I can say. Sgd: Deo John Nangela Judge 03/07/2024 Page 3 of 5 SENTENCE I have heard from both the State Attorney representing the Republic and the learned counsel appearing for this offender. I agree that his willingness to enter a guilty plea for the crime is a sign that he is sorry for what he did to the victim. Even though I am also aware of the submission that the offender has no prior convictions, after reviewing the PF-3 given to the victim—a woman who suffered after the offender slashed her with a machete for no apparent reason—and the extrajudicial statement, I conclude that there is a strong case for a sentence that will have a deterrent effect, as one of the objectives of sentencing an offender to prison is to deter future offenses. In this case, the extrajudicial statement of the accused makes it clear that the perpetrator was a hired goon who received TZS 4,000,000/-in exchange for possibly killing the victim. He was supposed to receive the remaining balance later, but he had already received TZS 3000,0000. On September 25, 2023, he went to the victim on purpose and showed her complete lack of mercy. The victim suffered multiple cuts to highly sensitive areas of her body, including her head, neck, and back. Though she is lucky to be alive, this was intended to be her final demise. It appears to me that this region of Katavi, and the nearby lake regions, are home to a mindset that accepts oneself as a hired gun ready to be used for a price. The time has come to put an end to those who accept to be used for financial gain to cause others' suffering or death. Gratis sentences would not deter the would-be offenders of such uncivilized and uncouth practices. Nor will a Page 4 of 5 criminal of a similar nature to the one convicted here be suitably reformed. Given the foregoing, the fact that the maximum penalty for the offense of attempted murder is life imprisonment, and the fact that this convicted offender has been in remand custody for eight months and exhibits remorse in his heart, this court determines that it is appropriate to sentence him to serve an eiqht-year prison sentence. Ancillary Orders: Given the grievous nature of the harm which the victim sustained in her body, this court makes further ancillary order that the Offender shall pay TZS 4,000,000 (FOUR MILLION) to the Victim as Compensation for the pains she endured from the attack. It is so ordered DATED AT SUMBAWANGA ON THIS 03rd DAY OF JULY 2024 DEO JOHN NANGELA JUDGE Right of Appealing to the Court of Appeal is fully explained and guaranteed. THE DEO JOHN NANGELA JUDGE 03/07/2024 Page 5 of 5