said omari kombo vs republic 1998 tzca 21 3 december 1998

IN THE COURT OF APPEAL OF TANZANIA AT PAH ES SALAAM (CQaAM: HFALILA, J.A., LU3PVA, J.A. , And SAMATTA, J.A.) CRIMINAL APPEAL NO. 37 OF 1998 BETWEEN SAIDI OMARI KOMBO. . . . . . . . . . . . . APPELLANT AND THE REPUBLIC. . . . . . . . . ..... . RESPONDENT (Appeal from the decision of the Resident Magistrate's Court at Morogoro) (Chillonii, PRM/Ext. Jurisdiction) dated the 25th day of April, 1997 in Criminal Sessions Case No. 39 of 1997 JUDGEMENT OF THE COURT MFALILA, J.A.: This is an appeal against sentence. The appellant was convicted on his plea of the manslaughter of his nephew Yoweri Seng'unda. Upon this conviction, he was sentenced to seven years imprisonment. This is the sentence with which he was aggrieved stating that it was too severe in the circumstances. At the end of the hearing of the appeal against sentence, we had a distinct feeling that the appellant’s.conviction for manslaughter in the circumstances of this case cannot be justified as from the facts narrated at the trial, it seems the episode leading to the death of the deceased was more of an accident than anybody else. Miss Munisi learned Senior State Attorney who appeared for the republic shared this view. In the circumstances, we have decided to use our revisional jurisdiction to revisit the appellant's conviction and having done so we hereby quash the said conviction and set aside the sentence of seven years imprisonment. We shall give full reasons later, in the meantime, we order that unless the appellant is held on some other lawful ground, he should be released from prison immediately. >ATED AT DAR ES SALAAM this 3rd day of December, 1998. h fS / n \o \ I C - -- v\ \ ,\\ |° r h! \V - . ./ 7 L.M. MFALILA JUoTICE OF APPEAL D.Z. LUBUVA JUSTICE OF APPEAL B.A. SAMATTA JUSTICE. OF APPEAL I certify that this is a true copy of the original. ( A .G JjvMWARIJA ) DEPUTY REGISTRAR