19850724 TZCA Dar es Salaam2

1 IN THE COURT OF i.PFE.AL: OF TAN ZAN IA AT Ji.RDSHA •'·· I ( CORAM: MUST.AF1~, J. A.; MiJCJ;ME, !,. J .·L. And KI SANG.A, J .A.) 4 CRIMIN Jffi APPE.i..L NO·. 8 OF 198 5 ' BETWEEN I I li.TEUMl:.NI IDDI ••••••••••• ~ •••• APPELLANT 1 ANDI l THE REPUBLIC •••••••••••••••• RESPONDENT ( Appeal ~gain st setltenc~ of the High Court of Tanzenia; at Moshi) (Maganga; J.) dated th~ 10th day of Octoberj 1983 in l · Criuiinal Sessions CE se No·i.. 25 of 1983 ---- '----1 I - . JUDGMENT OF THE COURT MUST.AF.A, J.A.: I •. The appellant was convicted of manslaughter on I ' his plea of guilty. The ~ppellant had killed the deceased in the following circtimstances. 1 ! . ·1" ~ ~ .: The appellant had returned. home from a pombe shop. . When he was at his house 9 :the deceased, who was appellant's I f.a:tiher, came to him and said that, he had heard that the -·- . I appellant was in unlawful possession of bullets. The I deceased then hit the appellant on the face with a stick. I ' I The appellant told the deceaseq that he did not want a fight or a quarrel. Instead of d~sisting the deceased, who was. also in possesion of a:panga, cut the appellant- . I'' : with his panga on the appellan~' s hand, ili.rlt:o-tililg a wornad' ! I • an inch deep. Thereupon the appellant .1-c. ··' ;·,is temper I • • I l I and picked up a panga and cut the'deceased several times i j1 on the head causing the deceased f s death. The appellant then gave himself up to th~ Po~ic~. ' I The trial judge held; thaf the appellant's retalietion was most brutal because he' had ;inflicted 4 big wounds on the deceased' s ~ead .and 1 neck: sentenced him to 8 aJa years irnpri ~pnrnent. The appelHrnt , 1i was convicted an 10.8 !"8 3. The· appellant is 1appe~ling against the sentence. i . V . . . • . ../2. 2 I I In our view the sentenc~ is clearly excessive. I I i Mr. Mtingele for the Republic also agrees. The action of the appellant, who WBS9 I w:i!lthout I' P:rovocation, • I' attacked at his own house by ,the deceased with a stick and , r a panga 9 could perhaps have cionstiituted self defence. - ·I We set aside t he sentence o fl' 8' y1,;ct.l'S irnprisonrnen t imposed and substitute therefor sentence of imprisonment J whieh ·would result in the apJe11aAt 1 s immediate release. . .,., -, f';. '°i?,..· t ' ,.; • i l.. ' ' . I ·, ·o(1/· :Ci.TED. at ARUSHA this 24th day of July, 1985. ;I ._ / ~ -'.!/. e: :•,,•,\:~\_ "\. ..•. I !, I I ('~• =' o r· · }'.j :~? ~-,~ .• - ' -'-: .. - ·, - ·: r·! .• 1 ,· .:\ •= i r-.' : JL MUSTAFA . l I.) , i . . ifi]}, ):;, : I ti . . ~,-0~---~.1~· v· ,~ If . ,.,.. JUSTICE OF APPEAL, . ,?_~'-,. __ - -· _.,,,/<4 I * ·" L. M. M.AKAME: I I JUSTICE OF IAPPEfi.L I , R. H. KIS.ANGA I , JUSTICE OF APPEAL 1 • this is a trtie copy of the original. ) f'~' r I I. c. ctlt L:0 j I ✓ (rt., 11. A. KY,4NID) I !I' REGISTRAR. ! ' j' I I I \ \ -1 /1 :11 \ I ! I ____L