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R. v. Justin Ngwaulanga, District Court Crim. Case 51-Iringa-67; 4/7/67; Inspection Note by Saidi, J.”
Accused, shown to be aged 16 years on the charge sheet, was convicted of malicious damage to property. His sentence included corporal punishment; it had been executed when the case came before the High Court. Accused was an adult, “outside the ambit of the Children and Young Persons Ordinance, Cap. 13” and therefore the sentence of corporal punishment was improper.
The Court noted: Where a person is alleged to be 16 years old, “i.e., a person just on the borderline between a young person and an adult,” medical evidence should be called for to determine the precise age of the accused, to assure proper trial procedure and proper sentencing.
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