R. v. Ramadhani Waziri Crim. Rev. 39-D-70; 16/5/70; Georges C. J.

R. v. Ramadhani Waziri Crim. Rev. 39-D-70; 16/5/70; Georges C. J.

The accused was charged with a reckless and negligent act contrary to section 233 (e) of the Penal Code. It appears that he had set fire to grass which burnt banana plants, coconut trees, sugar cane and cashew nuts trees being the property of another person. The Code dealing with offences against the person. On revision the High Court considered whether the charge disclosed any offence.

            Held: (1) “Seen in the scheme of the Act, I am satisfied that this section (s. 233) is intended to deal only with reckless acts likely to cause personal injury. The term “harm” in the section is intended to refer only to physical or perhaps mental harm involving the body. It cannot be stretched to include the harm which one can be said to suffer, when one’s property is destroyed.” (2) “The charge which the accused person was called upon the answer makes no allegation that there was any likelihood of “harm” in the sense which I understand it to bear being caused to any person. There is no allegation that human beings were endangered. I would hold, therefore, that it disclosed no offence.” (3) “Had the facts adduced in support of the charge and agreed to by the accused established that there was the likelihood of injury to human beings I would have been minded to amend the charge and support the conviction. The facts, however, do not do this. They allege that the accused set fire to his shamba to prepare it for cultivation and took no steps to prevent the fire spreading to his neighbor’s shamba.”