19880613 TZHC Dar es Salaam

IN THE COURT OF APPEAL OF TMIZANIA ATDARFO.SSALAAN (CORLUi: MUSTJF,.A., MAIA1' J J.And OMAR, J,) CRIMINAL APPEAL NO • 147 0F 1987 YEREIVIIA NONBO. . . • . • • ... • . APPEELANT VERSUS THE REPUBLIC. . . . . . . . • . . • RESPONDENT (Appeal from the sentence of the High Court -of Tanzania at Mtwara.) (Kazimoto, j..) dated the 17th day of November, 1987 in Criminal Sessions Case No. 8 of 1987 UDEMENT OP THE (X)URT The appellant YEREMIAH NOMB •.GaptGuilty to a charge of Ivlanslaughter and. was sentenced to a term of 8 years imprisonment. He is appealing against sentence. The appellant was living with the deceased as his concubine. One night he returned home late and the deceased refused to open the door for him. He alleged that the deceased also abused him. Eventually the appellant nnaged to get inside the house. There ensued a. quarrel between the appellant and the deceased. In the course of the quarrel he hit the deceased at the hack of her head 0 Shortly thereafter the deceased vomited. She was taken to a dispensary where she died a day or so later. On post mortem it was found that the cause of death was injury to the brain stem as a result of an injuzy to the cervical spinal cord. 1 1 That resulted in a paralysis of. the muscles of respiration. The appellant had been in custody for two years and seven months at the time he was sentenced. He was a first offender and had pleaded Guilthj. He did not use any instrument but attacked the deceased wilih' his hand in the course of the quarrel. Admittedly -2- he must have struck her hardj In the circumstances we think that a sentence of eight ye 5 rs is manifestly excessive. We reduce it to three years imrisonnient. - DATIM at DAB. ESALkAI this 13th day of June, 1988. / A. JI1JSTAFA / J USTICEP OF APPEAL L. M. NLXAME JUSTICE OF APPEAL A. N A. OMIR JUSTICE OF_APPEAL I certify that this is a true cow of the original. (j. H. MSOFPE)' SENIOR DEPUTI RBISTRAR.