19891213 TZCA Mwanza 1

't CRTI-:Ii:'.J.L APPillA.1 NO.. 36 OF 1989 MCJlTllf PIB1I:l0., • • o o· • J.1PPELL.itliT ,. C • 0 • 0 • • • 0 And • - RESPONDilfT (Korosso 2 ~ dated t:1e 2nd da;y of DecG1}1er, 1988 in Criminal Sessions Case li.'o,. 99 of 1287 JGJ)ffi.l.;J]:JT OF TEE. car.m . The a1Jp.el12,nt 1ms chu.rged with the offe:1ce of Manslau&,::.'1.t01· c/s 195 of the Penal Code. . :.e w·a.s convi ctcd on his own plea of guilty c::.,nd sentenced to 25 z·e2,1:s imprisonment._ Ile is 1101:-~ a:ppeali,.--ig· _against ti.,.e sentence only. T~:.c o,::--:.?ollunt vms .;.ged 18 yca.1:•3 u:w.en. he hit :1is fellow you.."'l::;steJ:· t:.en 2,,:;ed 15 with one 1Jlow of f; fist .on his chest which sent him d01,m resul tine in an :Lrnmediate death. T.,,e p:;:-elude to the fight w,.1,s that the... decoaocd m,,3 s_eon lJy t~1e a)~)cll.::.11t 1i10 was herding C,c:,ttle, up:,.'ooti."lg some G;J'.'o...1.;:1d nut pla..nts and 'pluc.kii."1[.~ c;:ceen µ1aize in the shamba 1Jelm1gi116 to t~..:.o c1.ece:::,sed I s fat:1er. Thl:l a:::-i:pelJ.e,nt 3.sked t:.1e decct.sed fo~.: t):...cse plucl~ed {:;~L'Otmd nuts and was E,iven 2, :'ew 1:iut he was not satisfied with t>.e little he w2.s siven and he snatched the w::1010 1mcket cont_a.ining the grotmd nuts c:nd :ean., The decc(Bed u}10 wc..s ;,;;~·ned vri th a to s:..1c,tch the stick f:::>om tl.:o dec.02.sed and -1;;;,7.'e-ff it a,wr.-;y aJ1d ililFJ.cdiately . . . t:,e:~·eafte:r h::.. t fo.e dece :·,sed on the cl,est 1rit;_-,_ ;·iis fist a.."ld t:· e u.cce2.sed died. il1sta.ntly. T>e dece:1sed 1 s decomposed ~Jo~;-: w<:-,s found by t>.e police • a week later e;.'J.d. w::,::; :JLl:~ iGd witl1out any postmo:dem examino..tion ~Jeing 0 ThE) a::_)pellant G,():eed. to these £8,cts a.s add;_~ced ~)7 ti1e :p1:-osecution.; f.. 2 "".~ - .", The "'ppeal is 011 two grounds; that the killing by the aE:?ellont we,s not intentioncJ. t.nd that he m:.s a first offender. The ffrst e:,:cound, is not material ~eccv~e it is tautologous, the offence of manslaughter means, just that, that the killing was not intended. We have taken into account the impulsive nature of the act which is normally found in youths of the appellmit's ageo The act of one youngster snatching o. bucket from anothe:c youth is no doubt teclmically a robbery, but it must 1Je understood in the context of their young minds, and killing in the commission of rohbery "is certainly a very serious offence but in the circumstances of tM,s case the ,snatching of the bucket was no doubt merely a misphievous acto The use of a fist ... in :r;,unishil'lg the deceased for threatening to str-:i.ke the appellant with a stick is itself a mitigating factor which deserves leniency in awarding punishmento We have considered these matters in theiI' totality and have come to the conclusion that reduction of the sentence of 25 years is called for. We hereby set aside the sentence of 25 years and in substitution sentence the appelle.1.1t to a tel"I!l of 3 yea.I's f~om the date of conviction. DJi.TED at K;i'AJ:JZA. t~lis 13th day of December, 1989. L.M. 1'LlK}J'-1E JUSTICE OF APPEAL. A.M •.A. OMAR JUSI1ICE OF .A.PPEAL L.M. ¥lF}.LILA., JUSTICE OF APPEAL this is a true copy. of- tl-ie ol'iginal. ~7 v'-1:.5----- (S.S. ILl.LJliGE) DEPUTY PJID ISTRP.R