republic vs ally so saidi mnete 2007 tzhc 118 3 march 2007

IN HIE HIGH COURT OF TANZANIA AT MTWALA CRIMINAL SESSION CASE NO. 13/2007 THE REPUBLIC VERSUS ALLY S/0 SAIDI MNETE Date; 3/3/2008 Coram: Hon. Madam M.S* Shangali, J. For the Republic: Ms* R.L. Shio, SA For the Accused: Mr* M.A. Mlanzi, Adv. Accused: Present under custody* B/Cs Hawa H# Kalenje (Miss) r /a Notice of trial of the manslaughter c/s 195 of the Penal Code is served to the accused before the court. Information is read over to the accused in his own language and ho is alsked to plead. Accused Person Plea: It is true. Court^ Entered as a plea of Guilty. JUDGE 3/3/2008. Ms. Shio (SA): We are ready for facts. Mr. Mlanzi (Adv): We have no objection* Court: Facts be submitted JUwE 3/3/2003. 2 Ms. Shio (SA) - FACTS: The accused person is- facing ther *charge of manslaughter-'*- . -.contrary to sectiorv-.195 of" the penal. Code.Xap*. .That -on or about- • 19th day of May 2006 at Mchinji village, Tandahimhar village,- the- accused-person killed one....SAlDjL^/o ■ATHUHANX NDSNDE • The deceased person and the accused-were close relatives both residing at the said village. Apart from that relationship they we»e ..also doing charcoal business together. They used to make charcoal* sale the same and distibute or share the proceed .among themselves, - On the fateful date at-around 11*00 u s the deceased person was- at the house of his mother namely Amina d/o Chitundi /Tuddenly the -accused person, appeared and demanded'the deceased to-.divide, ;;among - • — themselves' .the.-charcoal which.was a t ‘the house of-the de.cea.sed* ''*The. deoe-aaed-person- refused r.to—comply with the^arrcused! s demand: _ and replied..to the accused that he had already^, taken hia* share and „ there~-wa&-.nothing.,inpre to divide*. That-when the-aecnised in^istecLjoii his demands, deceased became... angry.-and^ started to assault the accused by his fits. In the couse of. that fight:.-th&-a<wHsad. managedJbe ctew^^-knifel from. hie -*-- pocket-a£d-..steibbed' th^ d eceased -onee -around his "heck.- * The dec-eased fell, down-while bleeding .profusely and. helpless*The aratter was" reported-1O’the-VEO of the---village* . o n e : J u m a - ^ < > - - B w i k a r ± " '’ 'issnod- a 'letter to intjpodKjee. tbe-daoaased-’at-the.jiDlice-station * 'so th^-he .eould be given PF»3-fcr jpedical treatment* .. The deceased"'died while otf*"fche w a y to hospitali'' '"The’body of the decreased was medica;. 7 ..,:amined and-the autopsy report indicate- that the -cause of his death co be haemorrhagie shock •dus- "feo' minctured wnunri- The £Whole incident of fight was -witneaKod by Shafii 55/c Abdallab and Juma s/o Abdallah, the children of the accused1s relatives® The accused person was arrested and when questioned by the police he admitted in his cautioned statement that he was the one who axidentolly caused the death of the deceased during the fighto We wish to produce the deceased's post moterm Examination report as Exibit* Mr. Ml an si (Adv): We have no objection* Court: post moterm Examination report admitted and marked Exibit P1. JUDGE 3/ 3 /200 8 , Ms. Shio (SA) - Facts Proceed; We wish to produce the sketch map of the sconce of crime as Exibita Hr. Mlan2-,i (Adv). V/e have no objection* Court: Sketch map admitted and marked Exibit p.2. JUDGE 3/3/2008 Ms. Shio (SA) - Facts Proceed: We also wish to produce the accused's cr.utione/. statement as Exibit. Mr, Mlanzi (Ac.lv): We have no objection. Court; Accused’s cautioned statement admitted and marked Exibit P3* , M.S.^Shahr--i-I. * JUDGE 3/ 3/ 20 0 8 . MSo Shio (SA); F^cts proceed. That is all, Mr. Mlanzi (Adv); I admit the facts. Accused person: I admit the facts and exibits. It was bad luck I killed my nephew. Court; Consequent to the accuseds own plea of guilty and admission of facts which establishes the offence of manslaughter against him, I hereby convict him as charged* .f/ .. 1 M.So Shangali JUDGE 3/ 3/ 2008. Ms. Shio (SA) - Antecedent: The accused is a first offender0 •*/5* 5 Mr, Klanzi (Adv) - Allecutus/Hitigation We pray for linient sentence for the following reasons. 1. The accused person is a first offender, 20 The circumstances under which the offence was committed# That the That it was the deceased who started to assault the accused when the later requested for division of the charcoal* In short tl\e deceased was the author of the whole incident and the accrsed used excessive force, 3, The accused decided to admit the offence before the police and before this court* He is remorseful person* The accused has been in custody foi ic ./at one year and 1C months now0 SENTENCE In sentencing the accused person I hav- seriously considered the mitigating factors as advanced by the defence counsel. The accused person appears., to be regretting and remorseful* Nonetheless, he used excessive force during the fight and knifed his ovn nephew around the neck and caused his death* It is on the basis of the foregoing that I now sentence the accused to five (5) years imprisonment* He is so sentenced* Ml %%