republic vs athuman omari 2006 tzhc 164 3 july 2006

IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM CRIMINAL SESSIONS CASE NO. 14 OF 2005 REPUBLIC VERSUS ATHUMAN OMARI Date: 3/7/2006 Coram: Kalegeya, J. For Republic: Ms Mwanda, State Attorney. For Defence: Mr. Mwarabu Accused: present. CC: Hashim. Information read over and explained to the accused person in his own language (Kiswahili) who is asked to plead thereto: "Siyo Kweli" EPNG L. B. Kalegeya JUDGE Mr. Mwarabu: We offer a plea of guilty to a lesser offence of Manslaughter c/s 195 of the Penal Code if the Republic has no objection. 1 2 Ms. Mwanda: No objection. L. B. Kalegeya JUDGE Information of a lesser offence of Manslaughter c/s 195 of the Penal Code is read over to the accused in his own language and who is asked to plead thereto: ”Ni kwe/i" EPG L. B. Kalegeya JUDGE Ms Mwanda (Facts) The accused is charged with manslaughter c/s 195 of the Penal Code. The accused killed Fatuma Mohamed unintentionary on 30/10/2002, along Boko Street, Temeke District, Dar es Salaam Region. On that day, the accused returned to his home situated along Boko Street while holding an open beer bottle. When he came closer to Fatuma Mohamed he asked her why she had stopped selling charcoal and also why she had not shifted from the area. The Deceased told accused that she has stopped selling charcoal because she was bereaved, adding that she had not yet shifted as she was looking for alternative place to stay. The accused who was drunk, splashed the beer on deceased and this was followed with fist and kicks while calling her a witch. The deceased fell down and her condition became bad. She was carried to Temeke Hospital; subsequently transferred to Muhimbili National Hospital where she died on 5/11/2002. The deceased's body was examined by a Doctor. The post mortem Examination report shows that the cause of death is multiple injuries. I pray to tender the postmortem Examination Report as Exh. Mr. Mwarabu: No objection. Court: Admitted and marked as Exh.PI L. B. Kalegeya JUDGE In his cautioned statement to the police the accused confessed assaulting deceased and causing her death. I pray to tender the cautioned statement as Exh. 4 Mr. Mwarabu: No objection. Court: Admitted and marked as Exh.P2. L. B. Kalegeya JUDGE I pray also to tender the sketchmap drawn on 31/10/2002 as Exh. Mr. Mwarabu: No objection. Court: Admitted as Exh.P3 L. B. Kalegeya JUDGE He was subsequently arrested and charged accordingly. L. B. Kalegeya JUDGE 5 Accused: I admit that I assaulted deceased Fatuma Mohamed causing injuries which led to her death. L. B. Kalegeya JUDGE Conviction: Accused is hereby convicted on own plea of guilty to an charge of Manslaughter c/s 195 of the Penal Code. L. B. Kalegeya JUDGE Ms Mwanda: No previous record. Mitigation (Mr. Mwarabu): - Accused is a first offender - He is still young: He is 25 years old. The family, nation still needs him. - The accused has been in remand prison for 31/2 years todate. He is remorseful for what he did. - We pray for leniency and be discharged accordingly. 6 Sentence: Accused is a first offender. His erratic behaviour when drunk is no excuse. The deceased was totally an innocent victim. Contrary to what Mr. Mwarabu has submitted such characters should be kept away from the general public. However, considering the time he has spent in remand prison he is hereby sentenced to three years imprisonment. JUDGE 3/ 7/2006