Republic vs Malema Nchinga Jofrey

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (SUMBAWANGA DISTRICT REGISTRY) AT SUMBAWANGA CRIMINAL JURISDICTION SITTING AT SUMBWANGA CRIMINAL SESSION NO. 78 OF 202 REPUBLIC VERSUS MALEMA S/O N GA@ JOFR 04/09/2024 & 04/09/2024 MWENEMPAZI, J The accused person was charged with the offence of Murder Contrary to Section 196 and 197 of the Penal Code, on the 26/5/2022 when the information was filed. It was alleged that the accused person on 23 March, 2022 at Nkana village within Nkasi District in Rukwa Region did murder one Charles Kisato. The preliminary hearing of the case was held on the 5/8/2022 whereby the accused denied to have committed the offence of murder. The trial was adjourned. 1 The accused beat the victim as he himself was defending and or protecting his own life. The accused is the victim of circumstances. The convict herein has been in remand for two years and five months. He was put in remand on 12/4/2022. The conduct of the convict is very plain. He is not a person who had any ill intention. All long from his arrest he has been admitting to have committed the offence. He has saved resources. It is our humble view that the accused has been remorseful since arrest until today. The accused is a young person and dependent by the parents and society. He is expected to be an exemplary. We also pray this court to refer Section 27(2) of the awaiting for a criminal session for hearing of the case. As the defence were preparing their case, they noted that the nature of the expected witnesses’ evidence they decided to pray for a plea to a lesser offence of manslaughter Contrary to Section 195 of the Penal Code Cap 16 RE 2019. They prayed for the lowering of the offence and met no objection from the prosecution. A prayer was granted and the charge of Manslaughter Contrary to Section 195 of the Penal Code, Cap 16 RE 2019 2 has been read over and explained to him. The accused has admitted to the charged of Manslaughter Contrary to Section 195 of the Penal Code, Cap 16 RE 2019. The accused has thus been convicted with the offence of Manslaughter Contrary to Section 195 of the Penal Code. At the hearing for sentencing the prosecution, dispute acknowledging that the accused is the first offender, they pray for a stiff sentence and a person’s life has lost. The defence, however, pray for a lenient sentence as the accused is the first offender. That he came into conflict with the law in the cause of defending him. He had to refund his life. The defence counsel has also submitted that all along the investigation time, the accuse has been cooperative. He has been remorseful and also he has stayed in remand for two and five months. He prays that the accused be given a small punishment. I have heard the submission, I understand, the accused was not the one who commenced the quarrels. He was attacked by the three assailants including the deceased. In any case, he had his own business interfered by the assailants. 3 The weapon he used, he got in the course of his own defence. The same belonged to his assailant and was used to hit one of them. The accused convict was defending himself hence caused the death of one of the assailants. I find that the two years and five months he has spent in remand is enough for one to learn. I thus discharge him under Section 38 (1) of the Penal Code, Cap 16 RE 2019. He should not commit any offence for a period of 12 months from the date of this order. It is ordered accordingly. Dated and signed at Sumbawanga this 04th day of September, 2024. T.M. MWENEMPAZI JUDGE 4