R. v. Cliper bin Anasis, R. v. Suwelem bin Rashid, Crim. Revs. 7, 9-Z-65, 11, 14/10/65, Saidi Ag. C. J.

 

R. v. Cliper bin Anasis, R. v. Suwelem bin Rashid, Crim. Revs. 7, 9-Z-65, 11, 14/10/65, Saidi Ag. C. J.

In these cases, the two accused were convicted of assault causing actual bodily harm c/s 224 of the Penal Decree, and given sentences involving corporal punishment. In Criminal Revision No. 9, the injuries were bruises and haemotomas, which the doctor testifying considered to be “slight harm.” (In Criminal Revision No. 7, the injuries were not specified in the judgment of the High Court). The High Court found that, in both cases, the injuries were not of a “serious of aggravated nature”.

Held: Corporal punishment is reserved, in assault cases, for assaults “of grave nature such as would cause dangerous harm or seriously injure health or permanently disfigure the victim or main the victim, such as cutting  off the hands or legs or even the ears, serious fractures on any important part of the body or (injuries which cause) blindness or deafness or the like …..” Corporal punishment orders in both case quashed.