IN THE HIGH COURT OF TANZANIA
AT DAR ES SALAAM
CRIMINAL SESSIONS CASE NO. 27 OF 2001
REPUBLIC
VERSUS
MWINGIA BAKARI
Date 8/2/2002 Coram:Luanda,J
Mr .Tangi State Attorney- For the Republic Mr Mfungamtama - For the Defence Present - Accused
Information is read over and explained to the accused person in his own Swahili language and required to plead thereto: True
Entered as a plea of guilty to the charge.
B.M.Luanda
JUDGE 8/2/2002
FACTS
Mr Tanqi: My lord the accused is charged with manslaughter c/s 195 of the Penal Code. The incident occurred on 18/10/98 Mbwewe Village Bagamoyo, Coast Region.
The deceased one Said Rajabu stole Tshs 15 000/= and 20 litres of cooking Oil from the accused hut where he conduct business when this took place the accused was not around. He has gone to a mosque. He left his nephew one Mwingira Bakari.
On coming back the accused was informed. The accused traced the deceased. He managed to get him. He requested him to return his properties. The deceased refused. The accused started beating the deceased. He used brick, iron bar and stick. The deceased suffered head injury and lost conscious the deceased was then referred to Tumbi Hospital. The deceased passed away the body was examined cause of death according to the report was head injury. Sketch plan was drawn on 12/10/98.
I wish to tender as exhibit post mortem and sketch plan.
Mr Mfunaamtam: I have no objection my lord
Ct: Accepted and marked Exhibit PI and P2 respectively
Mr Many: I am over my lord
Accd: The deceased when I came from mosque, had my money on his hand. Also he had a bottle of beer. He started chasing me.
I thus took a brick and hit him
I sent him to hospital
Ct: The accused is hereby convicted as charged as per facts as amended.
B.M.Luanda
JUDGE
8/2/2002
Mr.Tanji: No previous record
B.M.Luanda
JUDGE
8/2/2002
Mr Mfungamtama: My lord I pray for leniency. First the accused is a first offender. Second, the deceased was the aggressor. Third, the accused was on self defence when been chased by the deceased. Furthermore the accused has been in remand since 1998 which is 3 years and 3 months. In addition he is an ulcer patient. These are hospital chits
Ct: Seen
Mr Mfungamtama : The accused readily pleaded guilty to the offence the accused is the only male child whom the family depend The offence is not under minimum sentence Act. The court has Dower to impose sentence - not to repeat the offence again
Accd: I have nothing to add
Sentence
The accused is a first offender. I have taken into account the nature of the offence and mitigating factors. I sentence the accused to 18 months imprisonment.
B.M.Luanda
JUDGE
8/2/2002
I Certify this is a True Copy of the Original
S.A. LILA
DISTRICT REGISTRAR
28/10/2005
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