manslaughter is established when a fault of imprudence, carelessness,
negligence or failure to observe the rules attributable to the perpetrator
causes the death of another person without the perpetrator having
intentionally sought it or when a person causes the death of another
person without having intentionally sought it;
Whereas in this case, it is common ground that after hitting the foot that
D.I. had stretched out, Aïssata fell on a stool and remained inert; that
when she was taken to the health centre, she was declared dead; that as
a result, D.I. is the cause of death of her little sister Aïssata for having
played an active role in stretching his leg;
Whereas, furthermore, the investigation of the case showed that D.I. did
not seek the death of his sister D.I.; whereas, in fact, he simply wanted
to prevent her from fleeing without having brought him the meal;
whereas therefore the accused never sought the death of Aïssata;
In the light of the foregoing, DIALLO Issoufou meets all the elements
constituting the offence of manslaughter against him; hence, he should
be found guilty of it;
2) Sentence
Whereas Article 77 of Law No. 015-2014/AN of May 13, 2014, on the
protection of children in conflict with the law or those in danger, states
that a child for whom the prejudice of an offence has been established
is subject to life imprisonment; whereas Article 353 of the Penal Code
punishes the offence of manslaughter with 3 (three) months to 2 (two)
years prison term and/or a fine of CFAF 150,000 to 600,000;
Whereas in this case, D.I. was found guilty of manslaughter; whereas,
moreover, it is established that he is a first-time offender in the sense
that he has never been convicted of a criminal offence; whereas it is
therefore necessary to give him the benefit of the benevolent provisions
of Article 694 of the Code of Criminal Procedure and sentence him to 3
(three) months suspended prison term;
III)
COSTS
Whereas, within the meaning of Article 473 of the Code of Criminal
Procedure, any judgement of conviction handed down against the
accused shall condemn him to pay the expenses and costs to the State;
Whereas in this case, D.I. was found guilty of manslaughter; he should
therefore be ordered to pay the costs;
UPON THESE GROUNDS,
Ruling in a public hearing after full trial in a criminal court in first resort,
the court;
Declares D.I. guilty of manslaughter;
In repression, sentences him to 3 (three) months suspended
prison term;
The court also condemns him to pay the costs;
Thus acted, judged and pronounced on the aforementioned day, month
and year; And signed by the President and the Court Registrar
The President
The Court Registrar