222 r v musua do shumbi crim sass 188 8 hamlyn j

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222. R. v. Musua d/o Shumbi, Crim. Sass. 188-Dodoma-67, 22/2/68, Hamlyn J. Accused is a witch doctor. Deceased, a one year old child, was sick, whereupon the parents brought the child to the accused. She put some herbs in almost boil- ing water and then poured the hot mixture over deceased, who died two days later of shock due to burns. Accused pleaded guilty to manslaughter, saying in mitigation: “I did not think the hot water would kill the child.” Held: “The act of which [accused] is guilty is on of the grossest negligence and any ordinary person must know that to pour nearly boiling water over any- one, particularly a small child, must result in grave injury….” Taking into account that accused was a first offender and had been in remand for 6 months, sentence was set at 18 months imprisonment. 223. R. v. Hussein s/o Hamza, Dist. Ct Crim. Case 470-Korogwe-67, 23/4/68, In- spection Note by Biron J. Accused, who was charged with arson, was sent by the trial magistrate for a mental examination, He was found to be of unsound mind, whereupon the record of the case was forwarded to the Minister of Justice. Held: (1) Before sending the record to the Minister of Justice, the trial ma- gistrate should have made a finding that the accused is of unsound mind and consequently incapable of making his defence. [Citing Crim. Proc. Code.
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( 1968)H.C.D. - 78 – s. 164(6)] (2) “The court should also …. Before making any finding as to an ac- cused ’s mental condition, consider and rule as to whether a prima facie case against him has been established.” If not, the case should simply be dismissed. 224. Athuman Kitalama v. R., Crim. App. 76-D-68, 5/4/68, Biron J. Accused was convicted on his own plea of giving false evidence at a trial. Held: P.C. s. 102(1) provides: “Any person who ….. knowingly gives false testimony touching any matter which is material to any question then depending in the proceeding … is guilty of the misdemeanor termed ‘perjury’.” To constitute perjury, the testimony must be material to the case. As there was no proof that the false evidence given here was material to the case, one of the elements of the offence was not established. Conviction quashed. 225. Sephen s/o Munga v. R., Crim. App. 186-D-68, 17/4/68, Hamlyn J. Accused was initially charged with attempted murder, to which he pleaded not guilty. After the prosecution had presented its evidence, the magistrate, finding that the evidence did not show an intent to murder, altered the charge to one of causing grievous harm. The appellant was not required to plead to this charge, nor was he given the opportunity of recalling the prosecution witnesses for cress- examination. After making his defence accused was convicted of causing griev- ous bodily harm and sentenced to 18 months imprisonment. Held : The trial was a nullity. “Until a charge is put and an accused ’s plea recorded there can be no basis for a trial to proceed and the accused person is not properly before the court for trial and determination of his case.” The proper
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