D.P.P vs Nailugisho Koreti (Criminal Appeal No. 237) [1978] TZHC 345 (1 January 1978)
Judgment
7/ CE * TN III B HiG} CCLT CF TiANL AT J1U4. / CkikIIAL APPEAL NO. 237 OF 1973 — THE DECISION OF THE DISrJTtICT COURT OFKITETO:AT NLkAYA IN CRININAL CASE NO, 57 OF 1978
D.P . VERSUS NAILUCISHO KORETI. RESPODENT J U D CT M E N T J.C.D'SOUZA AC,J. This is an appeal by the Republic against an order senta4g the respodent to a fine of shilings one thousand and compensation order of six thousand shilirags for an offence of causing grievous harm c/s 255 Penal Code. The facts as stated by the prosecution after the respodent pleaded guilty were as follows:- That on 3.9.77 the complainant MsumPa arrived at his home :nd found ;hat his wife had beaten up the wife of one Ndeta who lived with him in the same Kraal, He told his wife that he didnot want any fights, but she.epie& by sa,rinç " Kama nimempiga utafanya nm! ? Complainant.got annoyed.:, took stick and gvhiswifé 'ixbf thebest She ran to her brother , the sjbdnt in th present appeal, end complained. The respodezit..went to the complai.nant.' s hoae and aft some arguments they had a fight during which thJrespodent stabbed the complainant.in the stomach. The comp1aint1uffe±ed grievous harm. ) Before matters wer e ten to court the respdndent paid the complinant compensation of shs, 1200Ah and two calves. The, trial cort , after duLy considering that the io1e in*nt arose out of a domestic scjuab1J..e, and after considering the need to foster reconciliation, ruled again.t a pri4on. sentence and inst ad meted out = the fine of shsl,000/= and compensa - ion of 6000/=. Be also considered that the respodent had pleaded guii,ty The court believes thatthe tial court applied correct pri1i:r lea in. sentencing aa..rived at a seitence that was not so rnani'est4y inaequqe. as to warrant interference by thisl court. . I accordingly diarniss this apeal.ii its entirety. . . IA ), '• . . . J.C.D.'Soa