Automated Summary
Key Facts
The accused, Said Hamisi Bakari, was convicted of murdering 13-year-old Sada Juma on 19 April 2020 in Moringe Mbagala, Temeke District, Dar es Salaam. The court found he raped and sodomized the deceased, causing asphyxia through smothering. Key evidence included testimony from Adina Omary (PW5), who witnessed the accused in the room with the victim, and the postmortem report (Exhibit P-1) confirming the cause of death. The accused was the sole male present in the locked house, and DNA testing failed to match samples. He was sentenced to death by hanging under Section 197 of the Penal Code.
Issues
- 1. Whether the accused actually caused the death of the deceased or killed her, as outlined in the prosecution's duty to prove this foundational element of the offence of murder under Sections 196 and 197 of the Penal Code.
- 2. Whether the killing amounted to murder by establishing the presence of malice aforethought, as required by Section 200 of the Penal Code, through evidence of the accused's intent to cause death or grievous harm, the force applied, and the nature of the injuries inflicted during the rape and sodomizing.
Holdings
- The court found the accused, Said Hamisi Bakari, guilty of murder under Section 197 of the Penal Code. The prosecution proved beyond reasonable doubt that the accused raped, sodomized, and strangled the deceased, Sada Juma, on 19th April 2020 at Moringe Mbagala. The conviction was based on testimonies from witnesses (including the deceased’s cousin, PW5) and the postmortem report (Exhibit P-1), which confirmed asphyxia due to smothering linked to rape-sodomy. The court addressed malice aforethought under Section 200, citing force applied, injuries, and the accused’s conduct as evidence of intent.
- The court sentenced the accused to death by hanging, as mandated by Section 197 of the Penal Code for murder. The sentence was pronounced on 29th May 2024 at Mbeya Sub-Registry of the High Court of Tanzania. The judge emphasized the severity of the crime, including the sexual assault and the unnatural death of the 13-year-old victim, aligning with the legal requirement of a death penalty for such offenses.
Remedies
The accused was sentenced to death by hanging for murdering SADA JUMA STAMBULI on 19th April 2020, as per Section 197 of the Penal Code [Cap. 16 Revised Edition, 2022].
Legal Principles
- The court applied the mens rea requirement for murder under Section 200 of the Penal Code, finding the accused had malice aforethought. This was based on the force used to strangle the deceased, the nature of injuries (rape and sodomy), and the accused's actions post-crime. The judgment cited ENOCK KIPELA vs. R to guide the assessment of intention through factors like weapon type, force, and bodily harm, concluding the evidence met the legal threshold for premeditated intent.
- The court applied the principle that visual identification evidence must be 'watertight' to support a conviction, citing cases like Waziri Amani v. R. and Raymond Francis v. R. It also required corroboration when identification conditions are unsatisfactory, as per Mohamed Bakari & 7 Others v. R. The standard of proof for murder was determined by the prosecution's ability to establish the accused's actions and intent beyond reasonable doubt, referencing the necessity of eliminating all possibilities of mistaken identity and ensuring circumstantial evidence leads to no other conclusion than guilt.
Precedent Name
- Enock Kipela vs. R
- Waziri Amani v. R.
- Mohamed Bakari & 7 Others V. R
- Chacha Jeremiah Murimi and 3 Others vs. Republic
- Raymond Francis v. R
Cited Statute
- Penal Code
- Criminal Procedure Act
Judge Name
MUSA K. POMO
Passage Text
- In this case, despite the accused denial of killing the deceased but with the testimony of the eye witness PW5 collaborated with the evidence of PW2, PW4, PW7 and PW8, I am satisfied that the accused is responsible for what happened to the deceased that he raped, sodomised and killed her.
- Based on the foregoing, I am satisfied that the prosecution managed to prove their case beyond reasonable doubt and therefore I hold that the accused committed the offence of murdering one SADA JUMA STAMBULI contrary to section 197 of the Penal Code, [Cap.16 Revised Edition, 2022]. Consequently, I hereby find him guilty of the offence and convict him.
- Guided by the above principles of the law, the intention of the accused can be proved by considering the amount of force applied, the part of the body inflicted and the kind of injuries sustained... The force applied and the parts of the body inflicted clearly indicates that the accused had intention of committing the offence. Henceforth, the second issue is addressed positively.