final ruling Victoria Sentence Infantcide Tanzlii

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB-REGISTRY OF MOSHI AT MOSHI CRIMINAL SESSIONS CASE NO. 18593 OF 2024 THE REPUBLIC VER SUS VICTORIA D/O MARYJORY@UWISO RULING ON SENTENCE 1st & 8th October, 2024 A.P. KILIMI, J.: The accused person Victoria D/O Maryjory @Uwiso is charged with the offence of Infanticide contrary to section 199 of the Penal Code [Cap 16 R.E 2022]. As per the information is that on 28th day of August, 2023 at Msaranga area within Moshi District in Kilimanjaro Region, did cause death of her child under the age of twelve months by wilful act, at that time of the said act, she had not fully recovered from the effect of giving birth to such child or lactation and by reason thereof the balance of her mind was then disturbed. Upon the information being read to the accused, she pleaded guilty as she admitted causing the death of her child aged seven months. 1 The facts of the case as per prosecution further reveals that, the accused who was fourteen (14) years of age got pregnant while at standard five (v), on the material date and place caused the death of her own seven months a boy child by stabbing him with a knife on the chest, breaking his neck and threw the deceased body into a garbage pit and set the body with fire. A report was made to a village chairman who reported the incident to Majengo Police station where police arrived at the crime scene and started investigation by drawing a crime scene sketch map and took the deceased body for medical examination. The report revealed that the cause of death was due to severe burnt wounds and head injury. The accused was arrested where both in cautioned and extra judicial statements she confessed to have caused the death of her own child. Upon being asked which facts she admitted to be true, the accused replied that ‘all facts stated were true and correct’. This court proceeded to convict the accused for the offence of infanticide contrary to section 199 of the Penal Code basing on her own plea of guilty. 2 After a conviction, Mr Kambarage Kapela, learned state attorney for the republic prayed the accused be sentenced according to the law, while Mr. Denis Maro learned advocate for the accused prayed for lenient sentence since the accused pleaded guilty to the charge thus saving the precious time of the court and that it was her first offence. This Court adjourned the sentence pending a social inquiry report from social welfare officer since the accused was still under age of majority as she was 14 year of age at the commission of her crime. In this day of sentence, Ms. Anna Daniel Chale Municipal Social Welfare Officer appeared before me and submitted a report. Briefly she submitted that the accused was placed under care of different people and places due to separation of her parents which made her vulnerable as she was also placed under the custody of her aunt Felista Uwiso at Msaranga during commission of the offence. She said that the accused went through violence and torture including rape which led her to get an early childhood pregnancy after disclosing the perpetrator who psychological threatened her. She further said that, it was for that reasons the accused on 28th August, 2024 did cause death of her child where she was not fully recovered from the effect of giving birth to that child. She suggested that 3 the balance of her mind was then disturbed. She said the social investigation/ inquiry were conducted to her family and the surrounding community and feedback was that she did her crime as a revenge of all the violence she experienced since childhood. The social welfare officer further recommended for this Court to place the child to probation order for two years (24 month) as per section 116(1), (2) and (3) of the Child Act No. 21 of 2009, R.E 2019 and rule 52(1) (2) and (3) of the juvenile Court Procedure so that the child to continue obtaining counselling sessions with expectations of modifying her behaviour. According to Section 199 of the Penal Code [Cap 16 R.E 2022] provides categorically that; “Where a woman by any wilful act or omission causes the death of her child, being a child under the age of twelve months, but at the time of the act or omission she had not fully recovered from the effect of giving birth to the child and for that reason or by reason of the effect of giving birth to the child and for that reason or by reason of the effect of lactation consequent upon the birth of the child the balance of her mind was then disturbed, she 4 shall, notwithstanding that the circumstances were such that but for this section the offence would have amounted to murder, be guilty of infanticide, and may, be dealt with and punished for the offence as if she had been guilty of manslaughter of the child’ After taking into consideration of the crime charged, the circumstances of the commission of the crime committed by the accused that she stabbed her own child in the chest and then breaking his neck and throwing the deceased body into a garbage pit and lighting the deceased body on fire, in my view a normal person especially a mother cannot do such an act. It is only if affected and temporary unaware of what she is doing can led to such commission of the crime as killing her own child. Under the circumstances I am totally convinced with the social inquiry submitted above that, due to trauma the accused faced as stated above, coupled with her age as herself is a child, I think at the commission of the said crime she was not sound due to effect and trauma experienced at birth and lactation of her child. Therefore, in my considered opinion she suffered from the above stated abnormality of mind as to substantially impair her responsibility in committing the said crime, thus according to the 5 inquiry conducted above and having considered the circumstances and the age of the accused person, I am settled the defence of diminished responsibility has been established as mitigating factor for the accused person. Consequently, for the welfare of the accused person who is still a child, prayers by the Social Welfare Officer is hereby granted under section 116 of the Law of Child Act Cap.13. The accused person is discharged and put under probation of the Social Welfare Department under the following condition. 1. The duration of the said period of probation is two years as prayed. 2. Reporting to a relevant social welfare officer at specified times and places and obey any instructions imposed to her. 3. She should keep good behavior during such period. 4. Social welfare department should engage her on counselling and rehabilitation, and where she faces problem shall accommodate and assist the her. 5. Lastly, she is warned by this court not to commit any other offence in this probation. 6 It is so ordered. DATED at MOSHI this 08th Day of October, 2024. X JUDGE Signed by: A. P. KILIMI Court: Ruling delivered today on 8th day of October, 2024 in the presence Mr. Kambarage State Attorney for the Republic, Mr. Dennis Maro learned Counsel and Ms. Anna Daniel Chale Municipal Social Welfare Officer for the accused person, also accused person present. Sgd; A. P. KILIMI JUDGE 8/10/2024 Court: Right of Appeal duly explained. Sgd; A. P. KILIMI JUDGE 08/10/2024 7