JUMANNE RAMADHANI JUMANNE 222 Edited

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB-REGISTRY OF BABATI ATBABATI CRIMINAL SESSIONS CASE NO. 19356 OF 2024 REPUBLIC VERSUS JUMANNE RAMADHANIJUMANNE SENTENCE 12th & 15th August, 2024 KAMUZORA, J Jumanne Ramadhani Jumanne being represented by Mr. Godfrey Mlingi, learned advocate was arraigned before this court for the offence of murder but it was reduced to a lesser offence of manslaughter. When the information of manslaughter was read to him by Ms. Mwanaidi Chuma, learned state attorney, Jumanne Ramadhani Jumanne pleaded guilty and was convicted by this court for the offence of manslaughter contrary to sections 196 and 198 of the Penal Code [Cap 16 R.E 2022]. He is now a convict and the matter is coming for assessing and passing sentence against him. Page 1 of 6 Briefly, the facts as can be gathered from the records show that on 20/3/2024 at night hours at Golanga area in Maisaka ward, within Babati district in Manyara region, the convict, his wife namely Sophia Swalehe, one Walii Abuu and the deceased were threshing maize. A quarrel started between the convict and his wife for the convict was asking money from his wife who refused thus, they started fighting. The deceased and Walii Abuu interfered in attempt to calm the situation but the convict was irked by such interference thus, he took a knife, chased the deceased and stabbed him with the knife on the chest. When the convict's wife saw the deceased bleeding excessively, she raised an alarm and many people went at the scene but upon checking on the deceased, he had already passed away. The matter was reported at Babati police station whereby, the police officers visited the crime scene, drew a sketch map and sent the deceased's body to hospital. Upon the deceased's body being examined, it was discovered that the cause of death was due to excessive bleeding from the wound caused by a sharp object. The postmortem examination report shows that the deceased sustained injury on the heart and left lung caused by sharp object. The convict who had fled away was arrested on 21/3/2024 and sent to Babati police station where upon interrogation, he confessed to the Page 2 of 6 offence before the police officer as well as before the justice of peace. The sketch map, cautioned statement, certificate of seizure, chain of custody form, extra judicial statement and postmortem report were tendered and admitted as exhibits PEI, PE2, PE3, PE4, PE5 and PE6 respectively. When Ms. Chuma, learned State Attorney was asked to address the court on the aggravating factors, she submitted that there are no previous criminal records against the convict but prayed for the convict be punished severely because his action costed the deceased's life. She argued that the deceased was still young and dependable to his family and the community. She further submitted that the convict used dangerous weapon which is a knife and attacked the deceased on the dangerous part of the body resulting to his death. That, the convict fled away after committing the offence without assisting the deceased. She was of the view that, although the convict has already spent five months in prison he has not yet reformed thus, he be punished severely to be a lesson to him and to others. Mr. Mlingi mitigated for the convict and prayed for lenient sentence against the convict. He urged this court to consider that the convict is the father and husband of two wives. That, the quarrel was between the convict and his wife because the convict wanted money to take care of his second Page 3 of 6 family but the children including the deceased interfered thus, the convict was defending himself and did not intend to cause death. He added that the convict is remorseful and that is why he confessed to the offence. That, he never intended to cause death but was trying to defend himself as circumstance shows that each of them was having a knife. He therefore urged this court to consider that the circumstance of this matter falls under low level which attracts not more than four years imprisonment. I have thoughtfully considered the record and submission by the counsel from both sides. The facts are clear that, before the convict had stabbed the deceased, there was quarrel between the convict and his wife. The deceased and his brother interfered so as to calm the situation something which irked the convict. The circumstance shows that it was the convict who started the quarrel and after the deceased and his brother interfered, the convict drew a knife and started chasing the deceased and stabbed him on the chest which is vulnerable and dangerous part of the body. Having committed the offence, the convict fled the scene and left the deceased helpless and he later succumbed to death. I therefore, with due respect do not agree with the learned defence advocate that the convict was acting in self defence because the facts shows that the deceased only Page 4 of 6 interfered to calm the situation and he tried to run away to avoid the convict but the convict decided to run after the deceased and stubbed him. Being guided by the sentencing manual, I considered the circumstance under which the offence was committed. The convict used a dangerous weapon (a knife) and stubbed the deceased on dangerous part of the body which is a chest. The convict attacked a person who was trying to run from him to avoid more fight. The above conducts suggest high level of seriousness which attracts prison term ranging from ten years to life imprisonment. However, since the convict has shown remorse thereafter by confessing to the offence and taking into consideration the mitigation by the defence counsel that he has children and two wives and he is the first offender, I will consider the starting point which is ten years imprisonment as reasonable sentence in the circumstance of this case. I have however considered the fact that the convict pleaded guilty to the offence serving time and costs in prosecuting the case, he is entitled to the deduction of 1/3 of the 10 years sentence which is three (3) years and three (3) months. Therefore, he would have been sentenced to six 6 years and nine (9) months imprisonment. But taking into account the period of almost (5) months spent by the convict in custody before trial, this court Page 5 of 6 sentence the convict to serve six 6 years and four (4) months imprisonment which shall run from the date this sentence is passed on 15/08/2024. DATED at MANYARA this 15th day of August, 2024. D. C. KAMUZORA JUDGE Page 6 of 6