MWANCHA V. REPUBLIC

JUDGMENT

In this appeal, the appellant’s complaints are that the trial Judge was wrong in convicting him of manslaughter contrary to section 205 of the Penal Code while the evidence on record demonstrated a clear case of self-defence; and that the sentence of 4 years imprisonment was excessive in the circumstances of the case.

Before concluding that the appellant was guilty of manslaughter, the learned trial Judge made the following observation and finding:

“I have considered the opinion given by gentlemen assessors in this matter but, with respect to this opinion, in view of all the evidence adduced, I am of the view that the accused shot the deceased under an apprehension that if he did not do so he himself was likely to be shot. Nevertheless, the circumstances prevailing reveal that the force the accused used though to defend himself, was excessive and that if anything he committed a lesser offence than that of murder. He unlawfully killed the deceased without an intent to do so.”

He t…