republic vs juma so mwita sagire 2021 tzhc 2149 26 february 2021

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE DISTRICT REGISTRY OF MUSOMA ATTARIME CRIMINAL SESSIONS CASE NO. 04 OF 2020 THE REPUBLIC VERSUS JUMA S/O MWITA SAGIRE RULING 8h and 2&h February, 2021 KISANYA, J.: The accused person, Juma Mwita Sagire has been convicted for manslaughter contrary to sections 195 and 198 of the Penal Code [Cap. 16, R.E 2019]. That was after pleading guilty to the said offence and admitting to have caused the death of Charles s/o Simon Mkono. In terms of section 198 of the Penal Code (supra), the maximum sentence for manslaughter is life imprisonment. It follows that, the sentence to be passed by the Court depends on the circumstances of each case. According to the facts read by the prosecution, the offence was committed in the course of a fight between the accused and the deceased. The fight happened at the bar. The deceased went to the bar with his lover as customers, while the accused person was a watchman to a nearby guest house. The fight that led to the deceased's' death was initiated by the deceased himself. He suspected the accused to be a go-between of his lover to another man. In the course of the said fight, the accused stabbed the deceased with a knife on the stomach. The deceased met his demise few hours later. i The prosecution prayed for a sentence which will be a lesson to the accused and the public at large, on the need of employing legal means to solve disputes. It was also stated that the deceased was a young person with dependents. On the other part, the defence prayed for a lenient sentence due to the following factors: One, the accused is a first offender. Two, the accused person has pleaded guilty to the offence thereby saving time and costs of the Court. Three, the accused's conducts after the incident indicates that he did not intend to cause the deceased death. Four, the accused was defending himself from the deceased who instigated the fight. Five, the accused had been in remand for almost one year and eight months. Six, the accused has four dependents. It is trite law that unless there are aggravating factors, an accused and first offender in particular, who pleads guilty to the offence has to be sentenced leniently. This stance was taken in Juma Mwiko Muhere vs R., Criminal Appeal No. 211/2014, CAT (unreported). In the instant case, I see more of mitigation factors, than aggravating factors. It is clear that the accused person did not intend to cause the deceased death. This is so because the fight was instigated by the deceased himself. The accused person stabbed the deceased with a knife in the course of defending himself. Being a watchman who was on duty on the material day, it is not surprising that he possessed a knife. However, it appears that he used excessive force because the facts do not suggest that the deceased was also armed. All in all, the accused has demonstrated that he repent and regret for his actions. He did so by his surrender to the police station, admitting to have caused the deceased death in his statements before the police and the justice of peace and pleading guilty to the offence. 2 SENTENCE In view of the above mitigation factors, the accused is sentenced to four years custodial sentence, which is subject to reduction of one (1) year and ten (10) months that he has spent in custody. Then, it implies that, the accused shall serve a custodial sentence of two (2) years and two (2) months for the offence of manslaughter contrary to sections 195 and 198 of the Penal Code [Cap. 16, R. E. 2019]. It is so ordered. Dated at Tarime this 26th day of February, 2021. Court: Ruling and Sentence delivered this 26th February, 2021 in the presence of the accused person, Ms. Monica Hokororo, learned State Attorney for the prosecution, and Mr. Leonard Magwayega, learned advocate for the accused. Right of appeal against the sentence is well explained. E.S. Kisanya JUDGE 26/02/2021 3