R. v. Caphas s/o Simon, Crim. Sass. 150-M-66; 2/3/67; Platt, J.

R. v. Caphas s/o Simon, Crim. Sass. 150-M-66; 2/3/67; Platt, J.

Accused was convicted of manslaughter. The death arose out of a minor quarrel in a bar. The accused merely hit deceased once with his hand, but deceased suffered from a very much enlarged spleen which raptures and caused his death. The blow was not one which would be expected to have been lethal.

            Held: In these circumstances imprisonment would not be proper. The court found it advisable “to introduce an element of customary law by way of reducing compensation to the widow of the deceased person.” It was ordered that accused pay a fine of Shs. 75/- of which Shs. 500/- was to be paid to the widow under section 178 of the Criminal Procedure Code.