republic vs zikansigiala so lazaro mzalilehi 2021 tzhc 7373 23 november 2021
The accused's status as a first offender, prompt guilty plea, cooperation with authorities, and efforts to assist the deceased justified a lenient sentence of one year imprisonment for manslaughter.
Source-derived case information.
- Citation
- republic vs zikansigiala so lazaro mzalilehi 2021 tzhc 7373 23 november 2021
- Parties
- Prosecutor: The Republic; Accused: Zikansigila s/o Lazaro @ Mzalilehi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 23 November 2021
- Procedural Posture
- Criminal Sessions Case / Sentencing
- Outcome
- Convicted and sentenced to one year imprisonment.
- Legal Topics
- Manslaughter, Sentencing, Mitigating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
The Republic
Prosecutor
Zikansigila s/o Lazaro @ Mzalilehi
Accused
Procedural Posture
Criminal Sessions Case / Sentencing
Legal Issues
- 1 Appropriate sentence for manslaughter considering mitigating factors
Ratio Decidendi
The accused's status as a first offender, prompt guilty plea, cooperation with authorities, and efforts to assist the deceased justified a lenient sentence of one year imprisonment for manslaughter.
Court Disposition
Convicted and sentenced to one year imprisonment.
Orders
- Accused sentenced to one year imprisonment.
- Right of appeal against sentence explained and guaranteed.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA (MWANZA REGISTRY) AT GEITA CRIMINAL SESSIONS CASE NO. 62 OF 2021 THE REPUBLIC.............................................................. PROSECUTOR VERSUS ZIKANSIGILA S/O LAZARO @ MZALILEHI............................. ACCUSED SENTENCE The accused person stood charged and convicted with the offence of manslaughter contrary to section 195 and 198 of the Penal Code, Cop. 16 R.E 2019. Given the fact that the accused is the first offender, the circumstances in which the offence is committed, his willingness and readiness to plead guilty promptly to the offence charged at the police, justice of peace and the court all these entitle leniency to the accused person. The circumstances of this case do not warrant a maximum sentence or a medium sentence but a lower sentence. If no mitigating factors were advanced the accused would not have been sentenced more than four years. The prosecution has invited me to impose sentence to the accused. Having considered both mitigating and aggravating factors in this case, I am therefore legally made to decline imposing severe sentence to the accused. The accused's confession on his cautioned statement, extra judicial statement and his readiness to send the deceased to the hospital, deserve leniency i All said and considered, I thus sentence the accused person to suffer jail imprisonment for one year. It is so ordered. Sgd. M. Mnyukwa Judge 23/11/2021 Right of appeal against sentence e^plapfd and guaranteed. V Sgd. M. Mnyukwa Judge 23/11/2021 2