claudio

IN THE HIGH COURT OF UNITED REPUBLIC OF TANZANIA AT SUMBAWANGA SUMBAWANGA SUB REGISTRY CRIMINAL SESSION NO. 47 OF 2022 THE REPUBLIC Versus CLAUDIO S/O EVARIST @KANGWA Judgment: 15th OCTOBER 2024 JUDGMENT NANGELA, J.: Claudio s/o Evans @ Kangwa, the accused, is charged with manslaughter under sections 195 and 198 of the Penal Code Cap. 16 R.E. 2022. The offence took place on 3/9/2021 at Kisalala Village in Sumbawanga Municipality, Rukwa Region. The deceased was Edger s/o Everist Msoma, a resident of Kisalala Village. Prior to the incident, the accused and the deceased were in conflict as the accused alleged and filed a complaint that the deceased was having love affairs with his wife, one Keli d/o Mwanisawa. Following such allegations, the Page 1 of 7 Chairperson of the Village scheduled for a meeting to resolve the dispute. The accused, however, did not show up because it was unclear where he was. On the date when the murder incident took place, the deceased's body was found at Kasalala Village. It had marks of violence on various parts, and on the head, there was a cut wound showing it was inflicted by using a sharp object. Because of the prior disagreement between the deceased and the accused that had not yet been settled, the accused was the one to suspect. The matter was reported to the Laela Police Station. On September 4, 2021, police officers went to the crime scene. One police officer, H.9515, D/CPL Andrew, drew up a sketch map. They had come with Dr. Daniel Mwita, a medical doctor who examined the body of the deceased and established that his death resulted from Severe Bleeding and severe head injuries. On a further investigation, the accused person was arrested on the 5th of September 2021 at Mpui Village and was taken to Mpui Police Station for questioning. Page 2 of 7 During interrogation, he wrote a caution statement in which he admitted to using a machete (Panga) to kill the deceased Edger s/o Evarist Msoma after discovering him with the accused's wife at night. An angry altercation broke out, and he slashed the deceased with a machete in several areas before vanishing into Mpui Village. In this case, the defendant was charged with manslaughter, a charge he has pleaded guilty to. The prosecution side read the facts to the accused in Kiswahili, and after that, the accused was asked if he heard them and if he agreed with them. In his clear response^ he told this court that he accepts the facts as they are and that all of the information that was read to him was true. Two supporting documents that the prosecution presented to the court were accepted without objection. These were (i) the sketch map and (it) the Postmodern Report, which discloses the cause of death of the deceased. Based on all that, this court has come to a finding that, since the accused person has pleaded guilty to the charge (information) that was read over and explained to him in Page .3 of 7 Kiswahili language, and given that he furthermore, accepted the facts that were read over to him in court as being correct, the only conclusion which can and should be made is that the accused person has unequivocally pleaded guilty to the information for manslaughter, and I hereby find him guilty and convict him as charged. Sgd: DJN/Judge 15/10/2024 PRE-SENTENCING HEARING AGGRAVATING FACTORS Ms. James: My Lord, the accused (convict) does not have a previous record of committing crimes. It seems this was his first offence, hence a first offender, However, given the weapon he used and the injuries he inflicted on the deceased and abandoning him to die, he deserves a very harsh sentence, even if he had found the deceased with the accused's wife. My Lord, the deceased has left children and a wife who were all depending on him. A. harsh sentence is required as a Page 4 of 7 deterrence to all others who tend to take the law in their own hands. I so submit. Sgd: DJN/Judge 15/10/2024 MITIGATIONS Ms. Neema Charles: My Lord as it was stated by the prosecution side, the accused is a first offender. When he attacked the deceased in a fight, it was because he was enraged for having found him with his wife and it was dark. He was also drunk. He has four children and a wife and a mother who are all depending on him. I pray for a lenient sentence, as he has spent three solid years in remand prison. That is all, Sgd: DJN/Judge 15/10/2024 SENTENCE: I'have heard the submissions made by the learned counsel for the parties herein. Much as I take note of the fact that the accused is a first offender, I find that he committed a very Page 5 of 7 heinous act which falls in the borderline between murder and manslaughter. Even if he had discovered him with his wife, he would not have been extremely cruel to the unarmed deceased. His anger toward the deceased could have been contained if he had again brought the issues to the attention of the village chairman, who was willing to listen to his complaints. But he was not ready to allow for other means to be employed to resolve his complaints but chose to act without wisdom. The weapon he used was also a dangerous one and even the areas he inflicted the blows were the precarious ones. For that matter, I am in agreement with Ms. James, the learned state attorney, that a deserving sentence that will be a deterrent lesson to him and all others who take the law in their own hands is warranted. Given this and the fact that this offense carries a potential life sentence, I will give him a 10- year prison term. The accused is thus hereby sentenced to a 10-year prison term. It is so Ordered. DATED AT SUMBAWANGA ON THIS 15th DAY OF OCTOBER 2024 Page 6 of 7 Page 7 of 7