republic vs james john 2006 tzhc 258 3 may 2006

I N THE HIGH COURT OF TANZANIA AT ^ J E A B Q g A (Tabora Registry) CRIMINAL SESSIONS CASE NO. 125 OF 2005 THE REPUBLIC . VERSUS * High Court Sessions at Nzega© Date: 3rd May, 2006• Corams D. M* Mwita, judge0 Mr. Mrina, State Attorney for the Republic. Accused: James s/o John is pjeesent under custody and represent^ by Mr* MtaTdL, Advocate. Interpreter: Agnes Afidhi, English into Kiswahili and vice vers; Notice of trial on Information for Murder c/s 196 of the Penal Code was duly served on the Accused, now before the Court on 3rd May, 2006* Information is read over and explained to the Accused in his own language and he is required to plead thereto: Pleais trifc is true but it was by bad luck.” Entered as a plea of irEDtr G ui l t y ” to the charge* D« M. Mwita, Judge. 3 *5 o2006. MTAKIs The Accused pleads guilty to the lesser offence of manslaughter. MRINAs No objection. MRINA: The facts are as follows: The homicide occurred on 27«12-2004 at Mwashiku village* Igunga District. The deceased was called MAGRETH D/0 a f j r p j ;■ ?>T A o '^ n n rl o o «- <- ^ rj t* ’’ f ’- ' o r r 'C "''0 0 '3 Y v IL f e * On the material day the Accused returned home at about 22*00 hours and found the deceased absent* He waited till the deceased returned* the accused gsked her as to where she had been, the deceased said she was at the shamba* The Accused was not satisfied with this explanation. They started qusrrelling. In the course of the quarrelling the Accused assaulted the deceased using a stick* The deceased also assaulted the accused using a stick. The accused then assaulted her using a hoe handle* He beat her on the head. The deceased fell down and died soon thereafter. The matter was reported to Village Authorities. The accused was arrested. While under Police custody the decegsed made a cautioned statement in which he admitted to have caused the death of the deceased. I pray to tender the said statement. MTAICE: No objection. COURT: The cautioned statement is admitted as Exhibit F*l« D. M. Mwifca, Judge. 3.5.2006. IO T A ; The accused was also taken to a justice of the Peaoe where he made an extra-judicial statement in which he admitted to have caused the death of the deceased. I pray to tender the said statement. MT A K I : No objection. COUP.T; ■X fr t The accusedTs statement to a justice of the peace is admited as exhibit P.2. D. Mo M w i t s , JMdge, 3*5.2006, J4HINA: Post Mortem Examination Report show that death was due to harmorrhage. I pray to tender the said Report as an exhibit, MTAKI: No objection, C O U R T ; . Report on Post Mortem Examination is admitted as Exhibit P.3. D. M. Mwita, Judge. 3.5.2006. MRINA: The Accused was charged with murder. The Accused has offered a plea of guilty, to the lesser offence of Manslaughter. We accept the offer, JAM58 S/C JOHN: The facts are correct, COURT: Plea is altered to one of guilty to the lesser offence of Manslaughter and the accused is convicted of Manslaughter on his own plea of guilt to the lesser offence of Manslaughter, ;•* , '■iii . iu-p-'* D. M, Mwita, Judge, 3.5.2006, MRINA : We have no record of previous convictions. Never­ theless we pray for an appropriate sentence as tfc' accused used a dangerous weapon to heat the decease-' on the head indicating that he intended to cause Iv. gri ev ous harm, MTAKI: We pray that the following mitigating factors be taken into consideration when assessing sentence. 1, The Accused is a first offender. 2, The Accused was gravelly provoked by the deceased, 3e The Accused has pleaded guilty. Or •Ses s aC^*123/20j03 o - ^- 4. The Accused has has been in--custody for one year and 4 months* SENTENCE * Having taken into consideration the mitigating factors as narrated by defence Counsel; but also taking into account the fact that a dangerou'" weapon was used in the killing the accused is sentenced to six years imprisonment* .. !"■' f D* M. MWITA* JUDGE# 3rd May, 2005. /AHH#