R. Juma Iddi Crim. Rev. 57-D-71; 13/8/71; Biron J.

R. Juma Iddi Crim. Rev. 57-D-71; 13/8/71; Biron J.

The accused was charged with causing grievous harm contrary to s. 225 of the Penal Code and convicted on his own plea. He was sentenced to imprisonment for 12 months and ordered to pay to the complainant Shs. 150/= as compensation. The accused and the complainant had been drinking at a pombe club though not together for the complainant was sitting alone. When the complainant went outside to relieve himself he was attacked by 2 men, one of them the accused, with sticks, and the accused in addition cut him with a razor blade in the ear, cutting off a small piece. In his plea the accused said he assaulted the complainant because the latter had annoyed him. He further pleaded that he was influenced b a “shaitani”. In sentencing him, the Magistrate took cognizance of the fact that assaults were prevalent in the area, especially in pombe shops and the complainant had lost a piece of his ear. Notice to show because why the sentence should not be enhanced was issued by the High Court, but the accused failed to make any submission.

Held: (1) “The proper sentence to impose in any particular case is at the discretion of the convicting court. A reviewing tribunal will not lightly interfere with the sentence imposed by such court, unless the court misdirected itself in principle or the sentence itself is o manifestly improper that it cannot be sustained.” (2) “Though in this case the sentence may err on the lenient side despite the fact that the accused appeared in court as a first offender, the sentence is not so manifestly inadequate as to be unsustainable.” (3) Sentence and order of compensation not to be interfered with.