Criminal Session 3765 of 2025 Judgment MrishaJ

IN THE HIGH COURT OF TANZANIA (SUMBAWANGA DISTRICT REGISTRY) SITTING AT SUMBAWANGA CRIMINAL SESSION CASE NO. 3765 OF 2025 (Originated from Resident Magistrate Court of Sumbawanga in PI. No. 33357 of2024) REPUBLIC VERSUS PAULO JOHN @ MSOKWE ACCUSED JUD 28th February & 03rd March, MRISHA, J. The ac @Msokwe had been found guilty and accordi giy co this court on his own plea of guilty to the charge of Man rary to section 195 and 198 of the Penal Code [Cap 16 R.E. 2022] he rth the Penal Code. His sentence was however, reserved until on 03rd day of March, 2025 which is why he has been brought today to be sentenced. Before going to that 1 stage, I find it apposite to narrate the brief facts leading to the conviction of the said accused person. The prosecution Republic alleged that on 4th day of November, 2024 at Msazi village within Kalambo District in Rukwa Region, the accused caused death of one Helena Elias @Kipeta whom he us o cohabit with as husband and wife. Their marriage was blessed wi ven i On the material date at 2030 hours t his home coming from visiting his relati he handled some medicine to the deceased fter receiving medicine, the deceased started to faul ing adulterer as she accused him of having s al ith other women. The two exchanged words which trigger en them. In course a fighting, the accused took ic eased the act which caused her to rise an alarm. Neighbours immediately and upon arriving at the crime scene, the deceased was found with multiple injuries on her head, back and legs. After that, the accused being assisted by neighbors, rushed the deceased 2 to Mao Dispensary for treatment, but during admission the deceased Helena Elias Kipeta was discovered to be dead. The incident was reported to the Local Government Authorities and accused was arrested. The autopsy of the deceased body was conducted and the result revealed that the deceased’s cause of death was due to intracerebral hemorrhage secondary to severe traumatic brain injuries. After the interrogation, the accused confessed in his cautioned statement to have committed the offence. The accused also was sent before the Justice of peace Hon. Suzana M. Mkinga where he also confessed to have committed the crime. W After completion of the investigation, the accused person was charged with the offence of Manslaughter Contrary to Section 195 and 198 of the Penal Code [Cap 16 R.E 2022], and pleaded guilty to the said charge. Upon been given a chance to comment on the said facts, the accused person admitted that the same are correct. He also raised no objection against the prosecution’s prayer to tender a post mortem examination report as an exhibit. Hence, the court admitted it as exhibit P1. 3 Consequently, the court found the said accused guilty of the offence of Manslaughter contrary to section 195 and 198 of the Penal Code and proceeded to convict him, but reserved his sentence as stated above. During presentencing hearing, the prosecution counsel argued that although the accused person has no previous records, the prosecution is pressing for a stiff penalty fo o r ns, one, the deceased was beaten by the accused he s er body. That Exhibit P1, reveals that the d found with multiple injuries which indicate that the as and she was unable to defend herself and two, the act don ed person to his wife was inhuman and unacc the enti oci On the oth side, through the aid of his learned defenc co to pass a lenient sentence due to various Accordi o his c nsel, among such factors, include the fact that the accused person a first offender, he has pleaded guilty to the charge, thus he has helped to reduce cost and serve time of the Court. Moreover, it was submitted that the accused person cooperated to the Police by confessing to have committed the offence at police and the same time to the Court. 4 That the accused person is a father of eight children who depend on him and one of them is a disabled person who needs special guidance of his father. Furthermore, it was submitted that the accused person is 40 years old; hence, he is a workforce to the Nation and he is remorseful for what he did. There is no doubt that the above-named accu erson is responsible for the offence of Manslaughter of Helena s@ at basis, there is no way he can get away fr co uences of being punished due to his guiltiness, as specifie we having considered both the aggravating and mi ting stated above, it is my settled view that bei a o man who has pleaded guilty to the charged agai accused person deserves to be award Howe no an that his act of causing the deceased’s death was lawf to ng to the prevailing circumstances of the commission of the offence charged, together with the rest of the mitigating factors, as I have replicated them hereinabove, it is my settled view that the accused person deserves the lenient sentence in order to reform him. I therefore, 5 sentence the accused Paulo John @Msokwe to serve a sentence of five years (5) imprisonment. It is so ordered. A.A. MRISHA JUDGE 03.03.2025 DATED at SUMBAWANGA this 03 03.03. 6