Republic vs Kabula Mhoja [1987] TZHC 42 (1 December 1987)


Chipeta, J.: This matter was admitted for revision on it appearing to this court that the sentence was C  manifestly inadequate, and on perusal of the record of the trial court, this court ordered that the convict, Kabula d/o Mhoja, be called upon to show cause why the sentence should not be enhanced.
The background of the matter, in brief, is that the accused pleaded guilty to a charge of causing grievous bodily D  harm c/s 225 of the Penal Code.  She was convicted on her own plea of guilty and was sentenced to four (4) years imprisonment.
The facts which the accused admitted were as follows: the accused's husband has a concubine, and there is an E  issue of that concubinage, a child named Masele Shilungu the victim in this case.  On the day of the incident, the accused went to her husband's concubine and requested her to allow the accused to play with the child.  The accused then took away the child to her house where driven by morbid jealousy, she broke the child's both arms by using her own hands.  The child was then aged four months. F
In mitigation, the accused said she acted out of jealousy because her husband, with whom she has no child, was neglecting her because of his affairs with his concubine.  She added that she has two children from her former marriage.
Before this court, the accused pleaded that the sentence should be enhanced and that she is 25 years old. G
It is certainly true that as a first offender and one who readily pleaded guilty to the charge, the accused deserved leniency.  But the conduct of the accused is so reprehensible as to attract a sufficiently deterrent sentence, for she is clearly a very sadistic woman. H
For these reasons, I hereby set aside the sentence imposed on her by the trial court and substitute therefore a sentence of five (5) years imprisonment.
Order accordingly
1986 TLR p250

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