19871008 TZHC Tanga

4 4 TRME COURT OP' A'1iAL Oi TANZ!NTA AT TiiNC- ' IA Ag. J.A., d Q RINAL APPL NO. 76 OP 1987 StJ?HIAN SAIDI, 0 • , , 0 APPELLANT VERSUS T}D REPIJBLIC, 0 0 0 0 0 0 0 DMIT (Appeal from the conviction of the High Court of Tanzania at Tanga) (S:sya, J.) dated the 9th day of October, 1986 in Criminal dessions Case No. 10 of 1985 JU1XG1U11T OF T11 COURT The aupeal against the conviction has bc-en nhindonr1 c:rd so in our view. There remains only the matter of sentence to be reconsidered by this Court and we may say straightaway that there is substance in the appeal in that respect 0 On 9/10/86 the appellant, then age--cl 56 years, was convicted, of manslaughter contrary to section 195 of the Penal Code s upon his own plea of guilty. The learned prosecuting counsel then re-counted to the court the circumstances in which the appellant came to shoot out ond kill the decease-cl, one Wang toyo s/o Kibenti, at a piece nfled in the Hendeni District, as foiiows; The eppo-?1J.Rnt was guarding his sharaba againt the incursion of verciins and wild animals. At about 2 a.m. he heard some noise-s and he mistakenly took the noise-s of wild pigs. He instantly fired his muzzle loaded towards th of the noises. Sadly the bullet caught the deceased, on the che-st arid he died instantly. The deceased. had born innrert±ly w1n r.ng hc road. that traverse-cl the apucliant 'a shomba. These facts We1.O cL rAwi ' the appellant In sentencing the appellant to ten years of imprisonment the crned trial judge observed that the offence bordered on murder. rbaaly ao But on our part we respectfully agree with Er, Kavuta, Counsel for the appellant, that the penalty handed down erred on the score of seve rity. The appellant we-s a man of advance-cl age:; he was a first of'onder; and had spent upwards of one year in remand prison. What's more, it seems to no hatu he we-s not basically a mocked me-n, he was simply negligent. e thus fee-i .. ./2. : that five years would have been sufficient, i\ccordthgly, we allow the appeal and reduce the term of ii:prisonet to five years. DTE1) at TANGA this 8th day of October, 1 987. A. II. A. OMAR JUSTICJ OF APPEAL L. H. i'fl 1ALILA tC P: \, 4 B. P. :IAP1GL Ag. JUSTICE OF M \ , I certify that this is a true coir of the (J. H. I'LSOFFE) D:rFuTY RlflISTiLrR.