republic vs mwalimu yusuph mwalimu mbaka 2023 tzhc 16639 3 april 2023

THE UNITED REPUBLIC OF TANZANIA JUDICIARY IN THE HIGH COURT OF TANZANIA (MTWARA DISTRICT REGISTRY) AT MTWARA [ORIGINAL JURISDICTION! v V CRIMINAL SESSION CASE No. 35 OF 20|x, " (P.L Case No 3 of2021. In the District Court oftiiSpat Lindi) THE REPUBLIC..... .................... ........ A.W:....... PROSECUTOR VERSUS^S^ MWALIMU YUSUPH MWALIMU @MBAKA ................... ACCUSED % RULING ON SENTENCE 31/3/2023 & 3/4/2023 LALTAIKA, J: The prosecyt^^ry leading to the instant matter is that on the 22nd day of September 2021 the accused (now convict) MWALIMU YUSUPH MWALIMU @MBAKA unlawfully killed YUSUFU HEMEDI SINGUO @KJJINI MANYOYA at Mkumilu Street in Kilwa Masoko Area in Lindi. yfMh the evening hours on the fateful day, the duo was at Garafao Pombe Shop drinking local brew known as tembo. The accused discovered that his money amounting to TZS 7,000 was stollen. He asked the bar attendants the whereabouts of his money. The attendants pointed the deceased as the Page 1 of 5 suspect. Consequently, the accused went after the deceased to demand that he is given his money back. A brawl ensured whereupon the accused stabbed the deceased with a knife on the stomach, The intestines came out. The deceased died on the same day. V”'7’3’- On the next day the accused tried to run away from his village to the city of Dar es Salaam. However, he was arrested by the^^olice'Officers stationed at a police barrier located at Muhoro Village. He was taken to Kilwa Masoko Police Station where, upon being interrogated he confessed having committed the offence. He was arraigned in court. When the matter was called for trial oh 31/03/2023 he pleaded guilty hence this sentence. It is noteworthy that the state h.|a| provided legal assistance to the accused though Mr. All KassianMkali,learned Advocate. This means, % among other things, that the plea of guilty was based on sound legal advice (See Adan v. R. [1973] EA 445). The Republic, on the other hand, had entrusted prosecutorial function to Ms. Kija Elias Luzungana, learned State Attorney. No sooner had this court entered conviction than the learned State K ■i Attorney and the learned Defence Counsel submitted on aggravating and mitigating factors respectively. Ms. Luzungana stated that the accused had untimely ended the precious life of a fellow youth. Although he was looking for his money, reasoned the learned State Attorney, he had no reason to use a knife to stab the deceased on the stomach. Ms. Luzungana opined that the accused had displayed cruelty because "he saw the intestines Page 2 of 5 coming out, but he did not care/ Ms. Luzungana prayed for imposition of the sentence of life imprisonment because the accused had taken law in his own hands. The learned Defence Counsel Mr. Mkali, on his part, prayed that his client comes first in mitigation. The convict, upon being invited asprayed by the learned counsel, stated that he regrated. He claimed that it was never his intention to kill the deceased but the same was due to alcohol. He recalled that the deceased had brought him up (alinilea) and they'worked together but he did not mention what type of work it was. He concluded by praying for lenience. My client has been in custody since September 2021 it has been about two years. /I ¥ ¥ Mr. Mkaliz looking impressed that his client had tried to argue for lenience albeit by blaming alcohol, added that his client was a first offender and a young person aged only 24 when he was arrested. He prayed that this court takes into account section 337(1) of the Criminal Procedure Act Cap 20 R.E. 2022 and render what was justice to his client. I have considered both aggravating and mitigating factors. There is no doubt that theaccused person's act of stabbing the deceased with a knife on the stomach was gruesome and inhuman. In the case of Moses Mungasian Laizer ©Chichi [1994] T.L.R. 223 the Court of Appeal of Tanzania in substituting conviction and sentence for murder with that of the lesser offence of manslaughter had the following to say on sentence: Page 3 of 5 ’TIs for the sentence to be imposed the appellant used a knife for killing the deceased. The use of a knife in a fight is always a telling factor against an accused person. The appellant is sentenced to ten years in prison. "(Emphasis added) Guided by the Tanzania Sentencing Manual (see p. 55), jt^isfnny considered view that the offence is High Level Manslaughter. The starting point as recommended in the Sentencing Manual is 10 years. The Sentence Range is life imprisonment to 10 years. I would start the count at 10. Nevertheless, as pleaded by the learned defence counsel, I proceed to reduce the 3 years already spent in remand custody. In the upshot, I hereby sentence MWALIMU YUSUPH MWALIMU @ MBAKA to a seven (7) years' impri^ggMit term. It is so. ordered. % LALTAIKA JUDGE .< 03/04/2023 ,..x Court: F" “ ......... This ruling is delivered under my hand and the seal of this court on this 3rd day of April 2023 in the presence of Ms. Kija Elias Luzungana, learned State Attorney, Mr. Ali Kassian Mkali, learned defence counsel and the convict. * C.I. LALTAIKA JUDGE 3/4/2023 Page 4 of 5 Court The right to appeal to the Court of Appeal of Tanzania fully explained. E.I. LALTAIKA JUDGE 3/4/2023 Page 5 of 5