Republic vs Steven Mbalamwezi

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA SUMBAWANGA DISTRICT REGISTRY AT SUMBAWANGA CRIMINAL JURISDICTION SITTING AT SUMBAWANGA CRIMINAL SESSION NO. 31 OF 2023 REPUBLIC VERSUS STEVEN S/O MBALAMWEZI JUDGMENT MWENEMPAZI, J, This case involves to lovers who had decided to live together as husband and wife. In fact, they had lived for a time to the extent of being blessed with four issues. The event under consideration was prompted by the accused's act of taking cassava harvested in their farm and giving the said cassava to his relatives without involving his wife. She was infuriated, she inquired but also insulted the accused for the act of not involving her. i The acts by the deceased prompted a fight by the couple but the deceased was unfortunate as she received fatal blows from the accused. They caused her to have fatal internal injuries leading to internal bleedings and later death due to hemorrhagic shock as per post mortem examination report (PMER) hence death of accused's wife, Lucia d/o Sangu. The accused was charged with the offence of Manslaughter contrary to section 195 and 198 of the Penal Code, [cap 16 R.E 2022] and upon reading over the charge to him, he has admitted to the commission of the offence, thus, the accused has been convicted with offence of Manslaughter contrary to section 195 and 198 Of the Penal Gode, [cap 16 R.E 2022]. In the sentence hearing the prosecution has prayed for a stiff sentence so that it acts as a lesson to the accused and others with like mind. The reasoning is that while the accused acted furiously and used fists and kicks on vulnerable parts of the body, the deceased acted innocently and she did not violently react against the accused. At the end the accused was not injured at all. 2 The defence has prayed for lenience arguing that had it not been for the insults by the deceased, probably the accused would not have reacted. The way he did which implies that the deceased authored her own death. The defence has argued since the accused is the first offender and confessed before the justice of peace as well as in this court and that he has a dependent family, this court should mete a lenient sentence to the accused person. He argues that he has four children to be taken care of by him and his old parent. I have considered the situation and find that the deceased was justified to ask about cassava although she was not supposed to insult her husband. The insults however does not justify the fatal fists and fatal blows by the accused to his undefending wife. The sentence for manslaughter contrary to section 195 and 198 of the Penal Code, [cap 16 R.E 2022]by virtue of section 198 is life imprisonment. However, other circumstances may be taken into consideration as the law provides for word 'liable to'. 3 Considering the circumstances in this case, given the aggravating and mitigating factors, I think an imprisonment sentence will cater for the situation to a like minded offenders and act as a bar. I therefore sentence the accused to a sentence of ten (10) years imprisonment into prison. It is ordered accordingly. T.M. Mwenempazi Judge 08/07/2024 4