19870813 TZCA Dar es Salaam2

i.l. ' '" . ..-,'.·• . "" i:· IN THE COURT OF 1\FPEAL OF TA!~ZAi~IA AT MWAI'IZA (CORAM: MU'.5TAFA 1 J.A. 1 OMAR 1 J.A. And MAFIGANC 1 Ag. J.A.) CRIMI!~AL AFFEAL NO. 52/87 :MUTl,BAZl s/o 51MO!~. • • • • • • • J\PFELLA!~T VER.3US THE RHl1BLlC, • • • • • , • • , ,Ith5FC!,liEl'<T (Appeal from the conviction of the High Court of Tanzania at Eukoba) (Moshi, J,) dated the 23rd day of February, 1987 in Criminal Se3sions Case No. 14 of 1983 JUDGMF,NT OF THE COURT . MUSTAFJi. 1 J .il-: The appellant was a herdboy of cattle. He had brought a number of cattle, with other herdboJiJ,from Karagwe to Ramishenye cattle market. That night he gtayed in a room with anoth~r person• During the night he quietly slipped out of the room and went out and cut the throat of the watchman who was guarding the cattle and the premises, The watchman died. The deceased was ,.. asleep at the time. The appellant literally cut the deceased' s ;! throat, severing the two jugular veins. According to the medical !! 'l _ report, death was due to severe haemo~rhage or loss of blood, or '' I! as the doctor stated due to "sloughtering", ;I I• '' It seemed that whilst dying the deceased made some l. noise and the appellant ran off, but he was caught the following day. The appellant was then in possession of a knife and a torch. At the trial, the appellant admitted that he ·had cut the deceased 1 s throat and killed him in order to steal the cattle the deceased was guarding. He also alleged that he had killed the deceased because the deceased had wanted to kill him, although he could give no reason wh.y the deceased wanted to kill him, The appellant also made an extra-judicial statement to a Justice of the Pence, which was admitted at the trial without objection, and in which he admitted he had killod th€ deo~~-4• • . ' ... /2, t. .... -• . ,... •. ...;:· .:-· 2 - At the· commencement of the trial, t_he .a:rpellant.' s advocate applied for the appellant to be examined by a psychiatric specialist to determine if he was insane, The appellant was duly kept under observation, and a report w;;i.s filed in court by the Psychiatric Specialist. The report did not assist the appellant. Mr, R,ieyemamu, who appeared for the appellant before ua, submitted that, in view of the appellant's own evidence at the trial, he was unable to offer any argument to challenge the verdict of guilt entered by the trial court. 1.-le are satisfied that the appellant was properly convicted of the murder of the deceased. The appeal is dismissed. DXi':B..D at MWANZA this 13th day of August, 1987. A. MUSTAFA JUSTICE OF AFFEAL A. M. A, OMhR JUSTICE OF AFFEAL ..., ; j !; D. F. MAFIGAi'IO Ag. JUSTICE OF AFFEAL I certify that this is a true •0py of the.original. tr/'f.'71 (J, H. MSOFFE) DEFUTY REGIS rRAR • 1 • ..' i:.