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\ . 'nr T~ EIG!I C0:.1lT OF TfJJZ..:J.r:[.l'.. . I~T DAR ES SALAilM ORIGINJJ, JunISDICTION CRIIEINJJ, SESSIONS Ci~SE H0.20/83 REPUBLIC VERSUS SAIDI I.'.IBW.!i.11.;••• • • • .-. • ••• • o • • •• L.OCUSED ~ } :-.·-;.;.t zi .'l·.·. i!1 •'ill' •' ,· JUDGEMENT Corams MNZlVll.S,J.K. Mr. Mkanangr, for the Rep~ Miss Nhigula for tte accused. Accused presen:i; under custody• Ui.ss lfaigular- t':ty lorc1 the accused has ch~1gcd llis plea to guilty. Charge reacl and e~:plained to t::. e accused again. Plee of e.ocn.seds It is true I lci.lled him unlawfullY. ..... Entered as a plea of Guilty. FACTS~ On 3/11/80 at Panda, Eagrunoyo district in Coast region the accused went to deceased 1 s house 2J1d started beating him using his fist. T'.ile accused said he was beating tl1e deceased because he (deceased) had a.bused him. Deceased 1 s mother intervened but the o.ccused pushed her to the ~- ground and threatened to beat her as well. The accused lcf-i; the deceo.sed lying on -i;ho ground and went aw~• liter sometime the accused came back accompained by four youths a.11d apologized to •;;he deceased. The deceased forgave him but said he \ had been so badly injure& that he will not be abl0 to work for some tioe. Thereupon the acct1. sed gave the deceased shs_.29/=• I11 the evening of the same de,iY deceased comli tion worsened. The matter was reported to the loc;:,,l cell leader o.nd t::ie deceased was sent to a local dispensary for treatment• Ho was later transferred to Bagnmoyo district IIospHal where he was- ad.mi tJ.;ed but sucoumed fo his 11ff,~i :·•-.,;; r- .. ""-;•i:< ?.-f~~t/(i-\ .....,..J· "~·':.11···'·,r-.-;-'J·""f"' --~z• The-cause of deceased's death is given as cirrhosis of the liver 0 I produce the post mortem report - Exbi t _Pl. The accu·sed was arrested and c.lif~•ged •~ th manslaughter. - 2 - Court - On the facd;s ;,,r.; ~s stated b3r t::.e loarnocl str/oo attorney and inviow of tl10 medic2,l 1·e1)ort th2t the O2.,1.,,,_sc of c10c0ascd I s de1:rlih wac cirrhosis of ·t}:e lover I find t.'.10 o.ccusod g(.,ti.1;1ijr not of r11c::..1slnug;.:to~ but G,uil ty of tl:.o lessor offence o:i: asoaul·'.;, ~:ho scc,-1.secl is convictod " of assault c/s 240 of tl,.c Pono..l Cocle. ---.. . ·----------·--·----""'t:10:.1.-- In }ii •cigation - Hiss lfair.rula -My lord tho cleco2,aod appo.2rs to• :C.r,ve been v-ory ill prior ·l;o asse;ul to I The 2.CC\:.:::::ocl clid .no·t use 2. lothal weapon., The e.ccuse4 apologized •;;o t:·,c decot,scd for rf~2.t 110 hGJ.l. d.o;.10 The accus0d is m2,rriod wi t~i ·:;wo c).:,.ilclron, .~.to t2.kos care o:f ~:!.is olclerly fct!:or. J:Io was arrostod on 16/11/eo 2.ncl 1-ran in romc.ncl. up •;;o 1984 wJ:10n ho was released on bdl. I pI'c:lJ' fo:::::· le:nioncy. SENTENCE I teko into account t~G.t tho acc;_;i__sed is~ buJi; for tl1is conviction a first offender, I also tcl;:c into oocount that the accused. stayed in rcr:12..nd for over -'i;:.1ro0 years before h0 w2-s relee,sed on bml, Bearing in mind t),.osc ni ti:'...,'D-"iiinc f,:-.ctors D,nd t;_~10 foot the:b tlio nccnscd b.as bccm convictocl oi t;.10 lessor offence of siW:plo 2-ssm.1.lt c/s 240 of t}_~c P.c. - fa1 offcm.co w},ich • caxri0s . m8.1-:imum p011a.11.,., • +..~ OI✓-., one yc2:r ,...;.,;/,-:;f,.;c~ 4-..,.- -,~ "Ovts· "'1-1: T •'·o·· : ,.,1.0 agree with ..:,;c.~ P.\'.::'!:,.c~,q:J..: the lear;.1od defence counsel t>.e:~ '~U.s is a caso callinci for lonionc;r. J1.1.stice -will be served if tl::.o accused is sontoncocl. ·to 12 moir'GhEi conditional disch2..1'gc u/s 38 of t).10 POl'ial Coda. 'Ho is so sofftenced. ! -~ ;, •. ~~ f ., N6 s ..ESv;.s J/..JI ICT0HG0ZI i ~ ...r. , .. .i- I I r I ' ,,. , .. ,,. I