samson mubale vs republic 1980 tzca 18 4 september 1980

Ill THE COURT (T1 APPEAL OF TALiSAHL. AT I-E3EYA - (COBAMs.. Mustafa, J .A ., Mwakasendo, J.A . and ICisanrea, J.A , ) CRI’fllNAL APPEAL HO. 50 OP 1 979 r. u t v e 33 n SAIiSOH M U M L ii................................................................................ APP^LLAHT A HD THE R E P U B L IC ......................................................................................................................ItSPOHDiSHT (Appeal from tho C onviction o f tin: High Court o f Tanzania at Irin g a ) (Mwakibete, J .) dated the 3rd day o f O ctober, 1979» 111 CRIMIHAL SESSIOHS CASE HO. 45 OF 1976 JUD&DHJT OF THE COURT ■SiLS’m a ^ J .A .; The appellant -Mas changed ’ 'ith the ourdor o f a g i r l aged nine r yeaajD„ T-fc i s nr>t i-n dispute that he k il l e d tho g i r l Toy th r o tt lin g h er. The g i r l was Ia s i seen with him, raid the a ppellan t was Buspected to have been tho. p erp etra tor. When he was found he admitted to a number o f prosecution w itnesses th a t he had k ille d tho g i r l , but a t that tina he gave no explanation as to why he did so . ’ .Tien the p ost mortem was done on the deceased g i r l , signs o f sexual m olestation were found. In an extra­ ju d i c ia l statement the appellant a lle g e d t in t the g i r l had assaulted him and that i t was as a re s u lt o f that provocation that he ld.ll.ed h er. In cou rt he adopted what he had sta ted in the .-jud ic ia l statem ent. The judge, in nur viey* co r rn ctly r e je c te d -this a lle g e d a ssau lt and provocation and we r e je c t i t to o . There was some suggestion that the appellan t cou ld have been insane because there was a d o c to r 1s rep ort to that e f f e c t . Ii3ut on in v e s tig a tio n , i t was found that the rep ort was based on com p letely in c o r r e c t inform ation. In any event, tho judge was j u s t i f i e d to conclude that there was not the s lig h t e s t evidence that the a p p ellan t was a t any tin e insane. The conviction is proper and the appeal is dismissed. DATED at MBEYA th is-4 th day o f Se^tenlier, 1980. i JUSTICE OP APPEAL JUSTICE OF APPEAL JUSTICE OP AHFEAL