John v. R. Crim. App. 299/300- A-71; Kwikima Ag. J.

John v. R. Crim. App. 299/300- A-71; Kwikima Ag. J.

The appellant and another accused were charged on two count of causing grievous harm c/s 225 of the Penal Code and assault causing actual bodily harm c/s 241 of the Penal Code. the medical report chartered the wounds as “harm” but the evidence showed that the wounds were inflicted with a panga and that one of the victims sustained four cut wounds on the head, one of them 2” long, ½” wide and ¾” deep.

Held: (1) “It was incumbent upon the trial magistrate to make a finding as to whether the injury received by the complainant was grievous harm or not. It is for the court and not the doctor, to determine whether the injury amounts to grievous harm or not as Abernethy J. held in Regina v. Ali Fakihi 2 T L R(R) 44. In that case the accused was convicted of doing grievous harm on the strength of the Medical report describing the injury of the complainant as grievous harm. On revision it was held that: “It is not for the Medical Officer to decide whether an injury is grievous harm or not ….. it is the duty of the Court on the evidence before it to decide whether an injury amounts to grievous harm as defined in the Penal Code or not.” (2) Appeal allowed.

[Editor’s note: It is not entirely clear from the judgment whether the two counts were in the alternative or not and on which of the two counts the appellant was convicted.)