R.v. Thomas s/o Mfaume. Crim. Rev. 4-D-67; 6/1/67; Mustafa, J.

R.v. Thomas s/o Mfaume. Crim. Rev. 4-D-67; 6/1/67; Mustafa, J.

Accused, 10 years of age, kindled a fire to warm himself while grazing cattle. The fire spread and burned the complainant ’house. Accused was convicted of negligently doing an act with fire or omitting to take precautions against the danger of fire, and compensation of Shs. 2,540/- was awarded. (P.C. s. 16)

            Held: (1) P. C. s. 15 provides that a person under the age of 7 years is not responsible for any act or omission, and that a person under the age of 12 years is not criminally responsible unless at the time of the act, he had the capacity to know that he should not commit the act. The burden is on the prosecution to show that the accused had known that he should not kindle the fire. (2) A father, ordered to pay compensation for the act of his child, must be given the opportunity to be heard in opposition to the order.