Mbaruku Ndima v. R., Crim. App. 78-D-67; 24/6/67; Hamlyn, J.

Mbaruku Ndima v. R., Crim. App. 78-D-67; 24/6/67; Hamlyn, J.

Accused were convicted of assault occasioning actual bodily harm. (P.C. s. 241) Each was sentenced to a fine of Shs. 500/-, or six months’ imprisonment in liou thereof, and to pay compensation of Shs. 40/- to each injured person. In imposing this heavy sentence, the magistrate stated that crimes of this nature were very common in the area.

            Held: This was a proper factor to consider in assessing sentence. The Court stated,

obiter; “(N)ormally if the prosecutor alleges such a state of affairs it is as well that he makes the allegation in court before the accused and the letter be given an opportunity to contradict or comment upon it.” The appeals were dismissed.