Mkoya s/o Shabani v. R., Inspection note, Crim. Case 92-Iramba-69, 8/8/69,Biron J.

Mkoya s/o Shabani v. R., Inspection note, Crim. Case 92-Iramba-69, 8/8/69,Biron J.

The accused, a juvenile of thirteen years, was convicted of malicious damage to property, and he was sentenced to ten strokes corporal punishment. The accused, however, has been found unfit for corporal punishment, the prison authorities writing to this Court stating that “The Medical Officer has found the accused unfit to receive the strokes – due to his age and buttocks being too delicate. Kindly arrange to revise the sentence therefore.”

            Held: “Although it is a salutary practice before awarding corporal punishment on a convicted accused, to have the accused medically examined as to whether he is fit to receive such punishment, an award of corporal punishment by – court is always subject to the condition precedent that the awardee is fit to receive such punishment. If the accused is found unfit to receive corporal punishment, then the award automatically lapses and no further action is required.”