19730421 TZHC Mbeya

IN THE HIGH COURT OP TANZANIA AT MBEYA OlIC-INAL JURISDI CTION (Dodoma Regisl.ry) CRIMINAL SESSIONS CASE NO. 61 OP 1972 THE REPUB LI C Versus TADEO s/O PAULO CHARGT: MURDER c/s 196 of the Penal Code. J U B G N E Ii T OlcrYIUXE,J. - A 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 guilty of murder but guilty of manslaughter and I convict him accordingly. G. C. N. OITYITJXE JUDGE ACCUSED I have nothing to Say. DHEBAR: 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 with the axe he would himself have been fatally wounded. His violent reaction to the provocation was unrestrained and savage. I will sentence the accused to 8 (ei.ght) years imprisonment. MBEYL, G. C. N. OI'WIUK 21st April, 1 973, JUDGE Riht of appeal toaetern Africa Court of Appeal eicplained to him. G.C.K. ONYILHM JUDGI)