R. v. Shabani Mwalyambwile, Crim. Rev. 89-D-69, 19/9/69, Georges C. J.

R. v. Shabani Mwalyambwile, Crim. Rev. 89-D-69, 19/9/69, Georges C. J.

The accused was convicted of robbery with violence c/s 286 P.C. and sentenced to 9 months imprisonment. During a struggle in the cause of the robbery, the victim had bitten off a piece of the accused’s ear and in passing sentence the magistrate stated that this was an injury of a grievous nature and that it could be considered a special circumstance justifying his exercising discretion vested in him under Section 5 (2) of the Minimum Sentences Act.

Held: I am satisfied that the magistrate misdirected himself. “Injuries suffered by a robber as a result of resistance put up by the victim cannot be considered special circumstances justifying a reduction in the minimum sentence. Indeed I have often said, and it deserves where the offence charged is robbery with violence.” Sentences enhanced to minimum specified.