R. v. Ismail & another Crim. Rev. 61-M-70; 19/3/71; Mnzavas Ag. J.

R. v. Ismail & another Crim. Rev. 61-M-70; 19/3/71; Mnzavas Ag. J.

The accused was charged with and convicted on his own plea of guilty of affray c/s 87 of the Penal Code. He was sentenced to six strokes of corporal punishment. The learned judge who admitted the case for revision noted “There is no evidence or facts do not disclose the age of Ismail Kassani who was sentenced to 6 strokes. No legal basis for imposing six strokes.’

            Held: “In this case the accused when asked his age by the Court is reported to have replied – “I am fifteen years old.” After this reply the Magistrate said and I quote “The first accused is a juvenile, his age undoubtedly shows he is under 16 years of age. “He then proceeded and sentenced him to six strokes corporal punishment. I agree that the learned Magistrate did not have any other source of information about the accused’s age but for the accused’s own word that he was fifteen years old. But this does not, in my view, invalidate the magistrate’s finding of fact as to the age of the first accused. Having believed the accused’s word that he was fifteen years old, it was not necessary for him to look for other evidence because, as far as he was concerned, he was amply satisfied that the first accused was below 16 years of age.” (R v. Recorder of Grimsby (1951) 1 All. E. R. page 889 approved).