R. v. Khamis Haji Bajun, Crim. Sass. 4-Z-67, 29/8/67, Kimicha Ag. C. J.

 R. v. Khamis Haji Bajun, Crim. Sass. 4-Z-67, 29/8/67, Kimicha Ag. C. J.

The accused was charged with casting away a vessel c/s 296(b) of the Penal Decree. Accused testified that he had committed “a shameful offence” at school whereupon he decided to leave Zanzibar and go to Tanga where he had relatives. He took the canoe of the complainant, thinking that it was his brother’s, and went to Bagamoyo. The boat of the complainant and that of the accused’s brother were usually moored next to each other; the complainant’s boat was in fact well cared-for in Bagamoyo, and was returned to him will before the trial.

Held: (1) “(A)ccused was suffering from a mistake of fact, that of mistaking the complainant’s boat for that of his brother”. This is a good defence in law, entitling the accused here to a full acquittal.

            (2) The complainant incurred costs of Shs. 110/- in having the boat transported back from Bagamoyo, and in making some minor repairs after it was returned. The accused was ordered to compensate the complainant for these costs within 2 months.