Shoma d/o Jungu v. R., Crim. App. 836-M-68, 14/2/69, Bramble J

Shoma d/o Jungu v. R., Crim. App. 836-M-68, 14/2/69, Bramble J

The appellant in this case was convicted of grievous harm c/s 225 of the Penal Code, and was sentenced to 8 months imprisonment. Apparently she wounded her husband with a knife after he beat her and hid her clothes.

            Held: “Having regard to the relationship between the parties I am of the opinion that the infliction of term of imprisonment was somewhat harsh in that, although the offence of using a sharp cutting instrument must be serious, yet one should consider this was a matter between husband and wife and a term of imprisonment would be likely to do more harm than good. Eight months imprisonment in the circumstances was excessive. I, therefore, allow the appeal against sentence and vary the sentence to such term as would result in the immediate release of the appellant.”