Mzebe & Anor. Crim. App. 476/M/70; 9/7/71; El – Kindy Ag. J.

Mzebe & Anor. Crim. App. 476/M/70; 9/7/71; El – Kindy Ag. J.

            The appellants were convicted of doing grievous harm c/s 225 of the Penal Code and sentenced to two years imprisonment and twenty four strokes of corporal punishment each. The appellants were both first offenders and the question were whether or not the sentences of imprisonment coupled with corporal punishment were justified under the circumstances.

                        Held: (1) “The sentence of two years imprisonment on first offender is rather severe, but in view of the fact that a sharp weapon was used in the attack and by Young men on an old man, I do not intend to interfere with it. The sentence of corporal punishment is not usual in such cases, but this is one of the Offences specified in the schedule, Part I, of the Corporal Punishment Ordinance, Cap. 17 where corporal punishment can be imposed. Wherever where a lengthy term of imprisonment is imposed, as it was in this case, the order for corporal punishment of equally severe nature would not be justified. The imposition of corporal punishment is sometimes intended

            to be a sharp lesson, and where it is imposed with this view in mind, then a lengthy term of imprisonment would not be correct.” [Citing Eliakim s/o Nicholaus v. R. (1969) H. C. D. 231]. (2) Sentence of imprisonment confirmed but order of corporal punishment set aside.