R. v. Gimbui Crim. Rev. 39-M-71; 18/5/71; Mnzavas Ag. J.

R. v. Gimbui Crim. Rev. 39-M-71; 18/5/71; Mnzavas Ag. J.

The accused, aged 18 and a first offender was on his own plea of guilty convicted of unnatural offence c/s 154 of the Penal Code. He was sentenced to 4 years imprisonment and ordered to serve the first two years in prison and suspended the remaining two years under s. 294(1) of the Cr. P. C. The main issue was whether or not it was appropriate to impose such a severe sentence on a person convicted of sexual deviation.

Held: (1) “With great respect to the learned resident magistrate he, in sentencing the accused to four years imprisonment, exceeded his powers of sentencing. The sentence offends against the provisions of section 7 (1) (a) of the Criminal Procedure Code, Cap. 20 of the Laws.” (2) “Homosexuality is a pathological condition. It is a sex-deviation. Medical science tells us that homosexuals normally feel happy in their perverse sexual sensations and in the direction of their impulse, and only unhappy in so far as social and juridical barriers impede their satisfaction of their urge towards their own sex. Psychiatric treatment would normally, be more appropriate to cases of this nature than a term of imprisonment which could have the effect of encouraging the offender to commit such offences while in prison.” Sentence reduced to 12 months imprisonment.