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IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA [IN THE DISTRICT SUB-REGISTRY OF SUMBAWANGA] AT SUMBAWANGA CRIMINAL SESSION NO, 13 OF 2022 REPUBLIC VERSUS PHILBERT S/O DAUDI FIRIKA Last order: 04 April 2024 Judgment: 05 April 2024 JUDGMENT NAN GE LA, J.: The accused PHILBERT s/o DAUDI FIRIKA was arraigned before this court facing a charge of MANSLAUGHTER contrary to Section 195 and 198 of the Penal Code, Cap.I6 R.E 2022. The facts of the case are briefly that on the 04th of April 2022 while at Mlombo Village, Sumbawanga District, Rukwa Region the accused unlawfully caused the death of on GEORGINA d/o NDAZI. At the time of causing her death, the deceased had paid a visit to her daughter in law, one HEKIMA d/o CHEKESI for an evening talk. While at the premises of HEKIMA, at about 21: 00 HRS, the accused entered the house while seemingly drunk, without uttering a word and holding a piece of wood, he beat the deceased on her head causing her to fall. The single blow made i the deceased to lose her life due to the head injury she sustained, the injury which, according to the opinion of Dr. MWITA who performed her autopsy, led to intercrania I hemorrhage. The prosecution tendered a postmortem report which was admitted as Exh..P-1. The accused was subsequently arrested and charged with the offence of MANSLAGHTER contrary to section 195 and 198 of the Penal Code, Cap. 16 R.E 2022. On this 04th of April 2024, the accused was made to appear before this court to answer to the charges which had been substituted from MURDER to MANSLAUGHTER. Upon reading of the charge sheet (Information) to the accused who was asked to respond to the same, the accused person unequivocally admitted having unlawfully caused the death of the deceased GEORGINA d/o NDAZI. On that account, this court entered a PLEA OF GUILTY to the offence of MANSLAUGHTER which the accused stood charged by the prosecution. Following the accused's PLEA OF GUILTY to the charge (information), the facts constituting the offence were read over to the accused and explained to them in a language clear and understandable to him and he was asked whether such facts were correct or otherwise. The accused admitted that the facts were 2 correct, and he accepted them as they were. Having looked at the information and the facts so admitted by the accused, and having been satisfied that the accused had unequivocally pleaded guilty to the offence of MANSLAUGHTER the law is very clear. Where ah 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 that, this court does hereby find the accused guilty and convict him of MANSLAUGHTER contrary to section 195 of Penal Code, Cap. 16 R.E 2022. SGD: Deo J. Nangela JUDGE 04/04/2024 SENTENCING PROCEEDINGS Ms. Mwebeza: My Lord, there are ho previous records of the accused. However, we pray that a stiff punishment be imposed on the accused person because death has no alternative, and the deceased had a family to take care of. We also pray for such a sentence to be a lesson to others with similar character who acts 3 violently against others with no reasonable restraint. That Is all I can say. SGD: DJN. JUDGE 04/04/2024 MITIGATION OF SENTENCE: Mr. Sanga: Advocate: My Lord, much as it is correct to state that the accused caused the death of the deceased, we pray that this court consider the circumstances under which the offence took place. The accused was in a drunken state when he committed the offence. The weapon he used was a very light weapon and did not use much force. He only beat the deceased once only that the beating was on the head. The head being a sensitive place, it was unfortunate that the beating led to the death of the deceased. My Lord, the accused has been quite remorseful, and he regrets for what he did. He is still young and having stayed in custody for full three years he has learnt a lesson how he ought to conduct himself. We therefore pray that this court be lenient in 4 sentencing the accused as this is the only offence he ever committed as the record would show. That is all. SGD: Deo J. Nangela JUDGE 04/04/2024 SENTENCE This case was today set for the sentencing of the accused person. The accused person has no prior criminal history, which is an advantageous factor to him as it shows that he is a first-time offender. However, having heard the prosecution attorney and the defence counsels, and considering the circumstances of this case and how the offence took place, I find that the accused acted irresponsibly. Much as the nature of weapon used was not a dangerous weapon, I am concerned that the blow which was inflicted on the deceased was such a big single blow as it instantly led to her death. I, therefore, fully support the learned State Attorney that the accused deserves a punishment that will be a lesson not just •to him but to others who act irresponsibly and dangerously like him. Being drunk is not a license to commit any offence. It is 5 being irresponsible and dangerous not just to one's life but also to others. I, however, consider the time which the accused has spent in custody and the fact that the accused has been remorseful due to what transpired and readily pleaded guilty to the charge he was facing before this court. According to the Sentencing Manual, 2023, his offense of manslaughter is classified as of medium level because of how it occurred. The blow he inflicted on the deceased was not a light one. Moreover, the place it was inflicted does also raise concerns and it happened for no other reasons other than that of his being drunk. He, therefore, acted recklessly and unreasonably leading to the death of an innocent human being. Considering everything I have said hereabove, and since this court found the accused guilty on his own plea, this court do hereby sentence the accused and will have to serve A FOUR-YEAR IMPRISONMENT TERM. It is so ordered. DEO JOHN NANGELA JUDGE 05th OF APRIL 2024 6 Right of appeal explained and guaranteed. DEO JOHN NANGELA JUDGE 05th OF APRIL 2024 Sentence pronounced in open court in the presence of the Ms. Scholastica Mwacha, Learned State Attorneys appearing for the Republic and Mr. Deogratius Sanga, learned the Defence counsel for the accused person who was also present in court. DEO JOHN NANGELA JUDGE 05th OF APRIL 2024 7