R. v. John Wimaana, Crim. Sass. 123-Bukoba-67, 20/9/67, Mustafa J.

R. v. John Wimaana, Crim. Sass. 123-Bukoba-67, 20/9/67, Mustafa J.

Deceased was allegedly insulted by the younger brother of one of the four accused, whereupon he seized the boy and threw him down. The boy’s brother set upon the deceased, and the two of them fell struggling to the ground. The other three accused then attacked the deceased, at least some of them using sticks to beat him. The deceased broke free and ran to a nearby house, not as yet having suffered any serious injury. The accused caught him, and began to beat him again with sticks and to kick him. They left him unconscious in the house, where he was treated briefly by his wife and some friends. He was taken the next day to dispensary for treatment, but died four days later from brain injuries sustained in the struggle.

            Held: Both beatings were “in the course of the same transaction …… (T)he matter took a very serious turn when accused persons chased the deceased and beat him a second time, but I do not think that incident could be isolated from the first beating. When death occurs as a result of a fight as in this case, unless there are very exceptional circumstances, persons who cause death are guilty of manslaughter and not murder. In this case the offence disclosed is on the borderline … and I will give the benefit of the doubt to the accused persons and find them guilty of manslaughter ….”