severino

IN THE HIGH COURT OF UNITED REPUBLIC OF TANZANIA AT SUMBAWANGA CRIMINAL SESSION NO. 92 OF 2022 THE REPUBLIC Versus JEMINUS S/O SEVERINO 15™ OF OCTOBER 2024 JUDGMENT NANGELA, J.: The accused, Jeminus s/o Severino, is facing a charge of manslaughter contrary to sections195 and 198 of the Penal Code. The deceased is one Venus s/o Michese, a resident of Pwela area within Sumbawanga Municipality, Rukwa Region. The incident took place on 28/12/2021 in Pwela Area. The accused person was a member of the Auxiliary Police (Mgambo). On the material date, at about 06:00 hrs, one Samweli s/o John Mwanisawa found out that his house had been broken and six bags of cement and three iron sheets stolen. He informed the Village Authority, one Edwin s/o Barnabas. Later he came to realize who were the thieves, naming the deceased Page 1 of 5 (Venus s/o Michese), Shukran s/o Swila, arid France s/o Michese. On the 27th of December 2021, Samweli Mwanawima informed the village authority, disclosing the names to him. Several militiamen (auxiliary police) were assigned to follow up on the matter and arrest the culprits. The accused person was one of them. The deceased and the other culprits were arrested and taken before the village chairman. They were compelled to show where they had kept the stolen goods. They denied. Having been severely beaten by a number of people, including the accused, they admitted the offence and led to the discovery of the stolen goods. They were taken to the police, but given the condition in which the deceased was, he was taken to Mazwi Health Centre for treatment. On the 30th of December 2021, he succumbed to death while on treatment. After his body was examined, it was discovered that the deceased had been beaten with a blunt object, which caused severe bleeding both inside and outside of his body. The accused person was arrested, and upon interrogation, he admitted.to having participated in the beating of the deceased but denied causing his death intentionally. He now Page 2 of 5 stands in court charged with the offence of manslaughter to which he has pleaded guilty. When he was asked if he also admitted the facts that were read over to him while in court as being correct. Because the accused entered a guilty plea to the information and acknowledged that the facts were true, I believe that the accused's plea is an unambiguously plea of guilty, and I go ahead and convict him of the manslaughter charge against him that he is facing in this court. Sgd: DJN/Judge 15/10/2024 PRE-SENTENCING HEARING: AGGRAVATING FACTORS Ms. James: My Lord, we do not have previous records. However, the accused person being a person who was given the duty of protecting the public and their properties, he ought to have been an example by acting prudently. He did not exercise prudence given his duties and being a leader. We submit that the court should consider an appropriate sentence that will also be a lesson Page 3 of 5 to others who are entrusted with the duties of protecting the members of the public and their properties. That is all. Sgd: DJN/Judge 15/10/2024 MITIGATING FACTORS: Ms. Neema: My Lord, the accused is a first offender. In the incident as it occurred, the accused was executing a duty to arrest culprits who breached the law. So, much as he was involved in the incident, the chairman of the village also was negligent because, after the arrest of the culprits, he ought to have directed that they be sent to police. Since the weapon used was a blunt object, we pray that the court be lenient, as the accused has been in remand prison for almost 3 years now. That's all. Sgd: DJN/Judge 15/10/2024 SENTENCE: Having heard the submission from the learned counsel for the parties and taking into account the circumstances of this case, I find that a lenient sentence is deserving. The accused has almost Page 4 of 5 spent three years in remand prison. He has also pleaded guilty, showing remorse for what happened. It is true that he intended to ensure that the deceased reveals where the stolen goods were kept. However, he did not exercise prudence and excessively used force to make that happen instead of using the lawful means to make what he wanted to have happen. In so doing, he not only acted outside the law but also made him a bad example to the members of the auxiliary police force. Might is not always right. That having been said and considering that he has spent almost three years in remand prison, I hereby sentence him to two years imprisonment. It is so Ordered. DATED AT SUMBAWANGA ON THIS 15™ DAY OF OCTOBER 2024 Page 5 of 5