republic vs masanja so thomas and another 2021 tzhc 7371 23 november 2021

IN THE HIGH COURT OF TANZANIA (MWANZA REGISTRY)

AT GEITA CRIMINAL SESSIONS CASE NO. 70 OF 2021 THE REPUBLIC.............................................................. PROSECUTOR

VERSUS MASANJA S/O THOMAS....................................................... 1st ACCUSED HAMIDU S/O RAMADHANI.................................................. 2nd ACCUSED

SENTENCE The accused persons stood charged with the offence of manslaughter contrary to section 195 and 198 of the Penal Code, cap 16 R.E 2019, and they have pleaded guilty to the offence and so they have been convicted on their own plea. It is a principle of law that in sentencing the accused persons the court may have to take into consideration various factors including but not limited to the accused's plea, previous criminal records, the age of the accused, its health status as well as the circumstances in which the offence was committed. In our case at hand, both offenders had no previous criminal records, they have been in custody for one year and four months, the nature of the death of the deceased being a result of fighting, the accused persons deserve leniency. Thus, much as what the accused persons did was irresponsible act and inhuman, I believe that by pleading guilty and the time they have spent in custody they are remorseful and they have learnt a lesson. Consequently, I hereby sentence each of the accused person to three years imprisonment. It is so ordered. i Sgd. Mi Mnyukwa Judge 23/11/2021 Right of appeal against sentenceAexplaiped and guaranteed. 7» V- Sgd. M. Mnyukwa Judge 23/11/2021 2