Republic vs Raphael Augustino

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (IN THE DISTRICT REGISTRY OF SUMBAWANGA) CRIMINAL JURISDICTION CRIMINAL SESSION NO. 114 OF 2022 REPUBLIC VERSUS RAPHAEL S/O AUGUSTINO JUDGMENT MWENEMPAZI, J. The accused person has been arraigned in this court for the offence of manslaughter Contrary to Section 195 of the Penal Code, Cap 16 RE 2022. It is alleged that on the 22nd April, 2022 at Swaila village within Nkasi District in Rukwa region did Murder one RICHARD s/o KAPUFI. According to the facts, the accused person owed Tshs. 60,000/= to one Robert s/o Triforn @ Said Parasido. On the date he went at the house of the accused person demanding to be paid his money. The money was due for the sale of a plough. At the time he went, there were people drinking local liquor commonly known as “Komoni”. The accused person was aggrieved. A misunderstanding between the accused and Robert s/o Triforn @ Said Parasido arose and the accused took a stick with intension 1 to hit Robert s/o Trifom @ Said Parasido, Richard s/o Kapufi wanted to intervene and stop the fight. Instead the accused used the stick to hit the victim on the neck, Richard Kapufi fell down and became unconscious. Robert Triforn @ Saidi Parasido left the deceased lying down. The following day the body of Richard s/o Kapufi was found in the river Wankulwe by Piara d/o Mwanakatwe who went at the river to fetch water. Information was conveyed to the village leadership and later the police at Namanyere. They came with the doctor who examined the body. Cause of death was determined to be cardiorespiratory arrest due to neurogenic shock as a result of hitting the deceased on his neck and chin. The facts have been admitted and the accused pleaded guilty to the offence of Manslaughter and convicted accordingly. At sentencing, the prosecution has raised a number of aggravating factors so that the convict is meted with stiff sentence. The said factors are that the accused started a fight instead of paying money he owed to Robert Trifon. The deceased was a father to four children and husband, his family is now at loss. The accused tried to run away after he had committed the offence. 2 The defence has capitalized at the fact that the accused is a first offender, they fought while drunk hence the offence was committed while they had impaired judgment. There was no intention to cause injury, the accused has been admitting all along investigation and in this court. He has saved time and resources. He is remorseful. He has stayed in remand for two years and five months. The defence has also invited this court to consider the provisions of Section 27 and 38(1) of the Penal Code, [Cap 16 RE 2019] in deciding on the sentence to be meted to the convict. I have taken into consideration the only available remedy to any owed money is to pay the same and not to fight. Fight is dangerous to both sides is conflict; though the parties were drunk, I see no reason to resort into fight. Taking into consideration of time spent in prison as a remand. I sentence the accused to a term in jail for six years. I have taken note considered that, despite admission the accused/convict tried to hide the body by throwing the body into the river. That shows he had an understanding and capacity to avoid a fight which resulted into loss of life. I thus sentence the accused/convict to serve a term of six (6) years in jail. 3 It is ordered accordingly. Delivered and singed at Sumbawanga this 27th day of September, 2024. T. M. MWENEMPAZI JUDGE Judgment delivered in court in the presence of the Accused, Ms. Xaveria Makombe Senior State Attorney, Ms. Ashura Ally State Attorney and Mr. Deogratias Sanga - Advocate for the accused. T. M. MWENEMPAZI JUDGE 27/9/2024 4