republic vs ahamad swalehe selemani 2008 tzhc 120 28 february 2008

IN THE HIGH COURT OF TANZANIA AT MTWARA MTWARA REGISTRY ORIGINAL JURISDICTION CRIMINAL SESSION CASE NO* 16/2007 THE REPUBLIC VERSUS AHAMADI SWALEHE SELEMANI Date; 28/2/2008 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/C: 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 a*cu'-.od in his own language and he is asked to plead. •: Accused p e r s o n ; It is true. Court; Entered as a plea of guilty* M«S« Sha^gali JUDGE 28/ 2/ 2008* Ms, Shio (SA); We are ready for facts, Mr, Mlanzi (Adv): We have no objection. 2 Court; Facts invited* :j .0- Fi . M.S* Sh^ngali JUDGE 28/ 2/ 2008* Ms* Shio (SA): F A CTS# The accused has been charged v/ith avi •..■•.'once of manslaughter c/s. 195 cf the penal Code, It happened that on 2nd day of May 2005 at Namindondi village Tandahimba.District, the accused Ahamaai '.'v/alehe Selemani killed one Issa S/0 Mohamedi Nguyembe* On the material date the accused and other people namely Salim S/0 Athumani, Mohamed s/0 Makumbele and the doceased were at the house of one Saidi s/0 Awazi drinking local brow commonely known as Ntembo” * That Mohamed s/0 Makumbele was the one selling the brew while the deceased was collecting and receiving cash from customers# At about 18030 hrs, the accused person gave the deceased Tsh.500/= note so that he could be served with pombe worth Tsh*100/=* After that service, the accused started to remind the deceased of his Tsh*400/= change, and the later promised to pay him back later. Suddenly, the person who was selling the poirfce Mohamed g/o Makumbele stood up and started to attack 11-1 ■•ccused telling him that he owed them nothing,, As a result tAs* accused and Mohamed Makumbele started to fight. At that juncture the deceased intervened by beating both of them with a stick. The accused was infuriated and suddenly retaliate by piecing the deceased with a screw driver on the lower head. The deceased fell down instantly and could not speak again* After a short time he died. The accuE-d was later arrested at Linoha village. 3 The body of deceased was medically examined and auto spy report reveal that the cause of death was head injury-penetrating and celebrol wound and haemorrahge. We pray to produce the autopsy report as Exibit. Mr. Mlanzi (Adv)» We have no objectioni Court; Autopsy report admitted and marked Exibit P1. JUDGE 28/ 2/20081 Ms. Shio (SA) - Facts P r o c e e d ; V/e pray to produce the sketch map of the ;;cene of crime as Exibit. Mr, Hlanzi (Adv): We have no objection. Court: Sketch map admitted and marked Exibit p2. M.S. _ i JUDGE 28/ 2/ 2008. Ms. Shio (SA) - Facts Proceed: The accused was charged as shown# That is all. Mr. Hlanzi (Adv): We have no objection regarding to the facts. Accused person; That is exactly what happened , I admit all the facts and exibits as correct. Court; Consequent to the accused’s own plea of guilty and admission of facts which establishes the offence of manslaughter, I here by convicte him as charged. JUDGE 28/ 2/ 2008. Ms* Shio (SA) - Antecedent: The accused is a first offender. We have no bad record against him, Mr* Mlonzi (Adv); Allocutus. V/e pray for linient sentence for the following reasons: 1, The accused is first offender, 2® The circumstances under which the offence was committed,, It was the deceased who enterfoned in the fight between the accused anti another person, 3*' The fact that the accused decided to admit his offence before the Police and before this court. The accused has been in custody since 2/5/2005 which is about J years in remand, I pray the court to consider the health of the accused who appsars sick and tired. Infact he has been getting treatment at the prison and hospital but I was not able to get his hospital chits. • o/5 •