R. v. Musua d/o Shumbi, Crim. Sass. 188-Dodoma-67, 22/2/68, Hamlyn J.

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 boiling 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 anyone, 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.