republic vs bakari 2002 tzhc 1 8 february 200

IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM CRIMINAL SESSIONS CASE NO. 27 OF 2001 REPUBLIC VERSUS MWINGIA BAKARI Date 8/2/2002 Coram:Luanda,J Mr .Tangi State Attorney- For the Republic Mr Mfungamtama - For the Defence Present - Accused Information is read over and explained to the accused person in his own Swahili language and required to plead thereto: True ENTERED AS A PLEA OF GUILTY TO THE CHARGE. B.M.Luanda JUDGE 8/2/2002 FACTS MR TANQI: MY LORD THE ACCUSED IS CHARGED WITH MANSLAUGHTER C/S 195 OF THE PENAL CODE. THE INCIDENT OCCURRED ON 18/10/98 MBWEWE VILLAGE BAGAMOYO, COAST REGION. The deceased one Said Rajabu stole Tshs 15 000/= and 20 litres of cooking Oil from the accused hut where he conduct business when this took place the accused was not around. He has gone to a mosque. He left his nephew one Mwingira Bakari. ON COMING BACK THE ACCUSED WAS INFORMED. THE ACCUSED TRACED THE DECEASED. HE MANAGED TO GET HIM. HE REQUESTED HIM TO RETURN HIS PROPERTIES. THE DECEASED REFUSED. THE ACCUSED STARTED BEATING THE DECEASED. HE USED BRICK, IRON BAR AND STICK. THE DECEASED SUFFERED HEAD INJURY AND LOST CONSCIOUS THE DECEASED WAS THEN REFERRED TO TUMBI HOSPITAL. THE DECEASED PASSED AWAY THE BODY WAS EXAMINED CAUSE OF DEATH ACCORDING TO THE REPORT WAS HEAD INJURY. SKETCH PLAN WAS DRAWN ON 12/10/98. I wish to tender as exhibit post mortem and sketch plan. MR MFUNAAMTAM: I HAVE NO OBJECTION MY LORD Ct: Accepted and marked Exhibit PI and P2 respectively Mr Many: I am over my lord Accd: The deceased when I came from mosque, had my money on his hand. Also he had a bottle of beer. He started chasing me. I thus took a brick and hit him I sent him to hospital CT: THE ACCUSED IS HEREBY CONVICTED AS CHARGED AS PER FACTS AS AMENDED. B.M.Luanda JUDGE 8/2/2002 MR.TANJI: NO PREVIOUS RECORD B.M.Luanda JUDGE 8/2/2002 Mr Mfungamtama: My lord I pray for leniency. First the accused is a first offender. Second, the deceased was the aggressor. Third, the accused was on self defence when been chased by the deceased. Furthermore the accused has been in remand since 1998 which is 3 years and 3 months. In addition he is an ulcer patient. These are hospital chits CT: SEEN Mr Mfungamtama : The accused readily pleaded guilty to the offence the accused is the only male child whom the family depend The offence is not under minimum sentence Act. The court has Dower to impose sentence - not to repeat the offence again Accd: I have nothing to add SENTENCE The accused is a first offender. I have taken into account the nature of the offence and mitigating factors. I sentence the accused to 18 months imprisonment. B.M.LUANDA JUDGE 8/2/2002 I Certify this is a True Copy of the Original S.A. LILA DISTRICT REGISTRAR 28/10/2005 business