FRANCIS TITUS MWACHA v REPUBLIC 1990 TLR 88 (CA)

 

FRANCIS TITUS MWACHA v REPUBLIC 1990 TLR 88 (CA)

Court Court of Appeal of Tanzania - Arusha

Judge Kisanga JJA, Ramadhani JJA and Mnzavas JJA

F 2 August, 1990

Flynote

Criminal Practice and Procedure - Sentencing - Manslaughter - Over reacting when

chastising a child - Whether G sufficient basis for imposing a stiff sentence of 20

years imprisonment - Overreaction not immediate cause of injury leading to death.

-Headnote

The appellant was found guilty of manslaughter, convicted and sentenced to 20 years

imprisonment. When H chastising a child the appellant overreacted by using fists

and kicks. When running away the child fell and sustained a fatal head injury which

led to his death. The appeal court considered whether in the circumstances the stiff

sentence was warranted.

I Held: (i) Although in chastising the deceased the appellant overreacted by acting

violently as evidenced by his use of fists and kicks, that could

1990 TLR p89

KISANGA JJA, RAMADHANI JJA AND MNZAVAS JJA

not be a sufficient basis for imposing such a stiff sentence of 20 years imprisonment

especially considering that the A fists and kicks were not the direct and immediate

cause of fatal head injury.

Case Information

Appeal allowed.

Kimomogoro for the respondent B

[zJDz]Judgment

Kisanga, Ramadhani and Mnzavas, JJ.A.: This appeal arises from the sentence of 20

years' imprisonment passed on the appellant following his conviction on the charge of

manslaughter to which he had pleaded guilty. C

The appellant who is over 50 years of age is the father of the deceased, a boy aged

only about 7 years. On the day of the incident the appellant returned home and found

the deceased absent. In addition he was informed that deceased did not attend school

either. When the deceased eventually came home the appellant chastised him by D

beating him using sticks, fists and kicks. The deceased tried to run away from the

onslaught, but as he did so he fell on a stone and sustained a serious head injury

which led to his death. The appellant tried to retrieve the life of the deceased by

treating him and then taking him to hospital but in vain. E

In meting out the sentence, the learned High Court Judge observed that what the

appellant did was far beyond what was expected of a father, and that the attack on a

child of such tender age was most inhuman. But the appellant's F act of chastising

the child for playing truancy is something which the society approves of. The only

valid criticism is that in so chastising the deceased, the appellant over-reacted by

acting violently, as evidenced by his use of fists and kicks. We think that such

criticism could not be a sufficient basis for imposing such a stiff sentence of 20 years'

G imprisonment, especially considering that the fists and kicks were not the direct

and immediate cause of the fatal head injury.

Mr. M.K. Kimomogoro, the learned advocate for respondent Republic took the view

that the sentence was manifestly excessive, and we entirely agree. On that account we

feel justified to interfere. Accordingly the H appellant's prison sentence of 20 years'

imprisonment is reduced to one of 3 years' imprisonment. The appeal is therefore

allowed to this limited extent.

Appeal allowed. I

1990 TLR p90

A