Republic vs Florence Elias

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (IN THE DISTRICT REGISTRY OF SUMBAWANGA) CRIMINAL JURISDICTION CRIMINAL SESSION NO. 76 OF 2022 REPUBLIC VERSUS FLORENCE S/O ELIAS JUDGMENT MWENEMPAZI, J. The accused person has been arraigned herein court for the offence of Attempt to Murder Contrary to Section 211(a) of the Penal Code Cap 16 RE 2019. It is alleged that the accused person on the 26th day of September, 2020 at Bangwe area within Sumbawanga Municipality in Rukwa region did unlawfully attempt to cause the death of one ROBERT S/O SIMEO. The accused has pleaded guilty to the charge and also admitted to the facts constituting the offence. He has thus been found guilty and accordingly convicted with the offence of Attempt to Murder Contrary to Section 211(a) of the Penal Code, Cap 16 RE 2019. At the hearing for sentencing the prosecution has prayed for a stiff sentence because the accused/convict was the initiator of the quarrel leading to the fight and stabbing of the victim. What happened he took 1 pork meet on loan promising to pay later in the evening. When the victim went, the accused took out the knife and used it to stab the victim on the left side of the chest. Then the accused escaped taking refuge to kifinga village at Mtowisa Ward. As a result of his actions, his friend is now suffering from heart problem. In mitigation, Ms. Neema Charles, defence counsel has prayed for a lenient sentence on the reasons that the accused is a first offender. That he was followed by the victim at the Bar where he was drinking liquor. He was therefore not sober. After the commission of the offence, although he escaped he was ready to plea guilty when he was first brought to court for hearing on the 03/10/2024. He could not do so due to his health. He has dependent, an old mother, three children and three young siblings. He is still young and work force of the nation. The counsel prayed for a lenient sentence. I have taken into consideration the circumstances of the case at hand. The accused ought to have taken cognizance of the fact that a knife is a dangerous instrument to direct it to the chest of his colleague, worse still the left side. Obviously, he knew it may cause death to the victim or serious injury to him. The sentence under the provision of Section 211(a) of the Penal Code, Cap 16 re 2019 is up to life imprisonment. 2 Considering the circumstances of this case as per aggravating and mitigating factors, I sentence the accused to serve a term of three (3) imprisonment years in jail. It is ordered accordingly. Dated and singed at Sumbawanga this 07th day of October, 2024. T. M. MWENEMPAZI JUDGE Judgment delivered in court in the presence of the Accused, Ms. Xaveria Makombe Senior State Attorney, Ms. S. Mwacha State Attorney and Ms. Neema Charles - Advocate for the accused. T. M. MWENEMPAZI JUDGE 07/10/2024 3