19730421 TZHC Mbeya2

p - IN. THE HIG-H COURT OF TJNZANII AT IBEYA OILIGINAL JURISDICTION (Dodonia Registry) CRIMINAL SESSIONS CASE NO. 61 OF 1972 \ THE REPUBLIC \_--\ Versus TEO 5/0 PAUlO CHARGE: MVRDER c/s 196 of the Penal Code. JUDGNEIIT /O.NYIUKE .,_ . - I agree with the assessors that the provocation in this case reduced the murder to Manslaughter. I accept the unanimous views of the assessors and find the accused not guil -ty of murder but guilty of manslaughter and I convict him accordingly. G. C. N. OlYIUE JUDGE ACCUSED: I have nothing to say. DUEBAR: 35 years old, married with 6 children, 1st offender, in custody for the last 17 months. S E NT E N C E: I have noted the mitigating factors raised by " the defence counsel but I note also that the accused did not show any contrition or regret for what happened even when the court drew his attention to it. The accused, though provoked, behaved with great savagery that clay. But for the fact that the deceased's husband successfully dodGed the accused's vicious attack on him *ith the axe he would himself have been fatally wounded. His violent re action to the provocation was unrestrained and savage. I will sentence the accused to 8 (eight) years ' imprisonment. -v MBEYL, G. C. N. OI\IYIUIcE 21st April 1973. W JUTDGB Rtht of appeal to Baetern Africa Court of Appeal elained to him. G.C.M. ONTIIIIcE TTJDGJ