20000612 TZCA Dar es Salaam 1

i $ 2L , IN THE COURT OF AI-PEAL OF TANZfJ'f[A L AT MWi,.NZA (~: V1AKAME, J .Ao, !(.!§!~GA, J .Ao 1 A~~-Bl.~ISI-~~-}-.•h) CRIMINAL APPEAL NO. 32 OF 1997 BETWEEN ALEX LYANGAo • • • • • o • • • .. • APPELLANT AND THE m.;FUBLI C. • 0 0 0 0 • • RESPONDENT (Appeal from the conviction of the High Court of Tanz:mia at Tabora) dated the 30th da.y of June, 1997 in I '} ___ Criminal . -----~---, .,. . Sessions - 53 , ....of Case Noe ............ -. ...... 1991 - -J \ j/ J U D G E ME N T This appeal arises from the decision of the High Court (Nchome, J.,) sitting at Tabora in which the appellant was convicted of murder and sentenced to death. The facts of the case are most unusual and, stated very briefly, they are as follovis:- The deceased was the a.ppellant 1 s girl-friend. At some stage some misunderstanding developed between them. In the night of the incident while the two were sleeping in the appellant's room, the appelle.nt killed the deceased., Subsequently the appellant chopped off the 11.I!lbs of deceased and thret,.r them in one pit latrine end dumped the trunk in another • nearby. latrine. The head was also chopped off but was never traced. · In his defence the appellP..nt claimed that the deceased died of a fall on the bed's fr8:fiJe following an epileptic attac~, but that :through fear .and confusion he decided to dispose of her dead body by chopping off the limbs and d4-sposing of them and the rest of the body as he did. • •• /2 ?. ... not t~e tin:;; fo•:' it, frat should h,,ve been done at th,J trial. Ye entirely agree.. However~ upon exa,;,ination of the recordt we could Hnd nothine to support any plea of insanity. Indeed the a;;pella.nt in his o,-m defence · at the trial is recorded as saying, i:..1ter alia;- 11 1 had my proper mind when I was with the ·deceased that night.i: . We are satisfied that the appe1.l.:mt I s conviction for murder w~s well sentence pa.1::sed is one prescribed by law, and the appeal is accordingly dismissed in its e~tirety. DATED at DA:R-ES-SA1.4AM this 12th day of June, 2000. L. M. MAKAME _ _.. , ·-•-f. . . . .·. . JUS'I1ICE OF M.-F;~AL --,-i.~-~-·•--..---~ R. H. KIS,:,NGA JUSTICE .,.---------- .......,..___..~-·.,,,... OF APP,~AL K.S.K. LUG},KINGIRA J U;:;TI C:~ OF APPEAL _,.,f''""t~·-·--•r:.r.-~,.,.--.... ·:·~•-=.,....... I certify tho.t th..is is· a true cop~r of. the ori~;inalo ( A.G. ·MWARIJA) DEPUTY REGISTRAR --'""--"•-·-------·. JUSTICE OF APPEAL I certify that this is a true copy of the original. ' 1111.iii r