Saidi s/o Abdallah v. R., Crim. App. 399, 400-D-67; 19/7/67; Georges, C. J.

Saidi s/o Abdallah v. R., Crim. App. 399, 400-D-67; 19/7/67; Georges, C. J.

Complainant slapped the second accused, who is his niece and an adult, hard enough that she fell down. Thereupon the niece picked up al large pestle(apparently the nearest thing at hand which might serve as a weapon) and started hitting the complainant with site. The first accused immediately joined the fray on the side of the niece. The damage to complainant was superficial, mainly a few lacerations and abrasions. Accused were convicted of assault and sentenced to eight months each.

            Held: (1) Even though this quarrel was initiated by the complainant, accused were not justified in retaliating as they did. The convictions were upheld. (2) However, the sentences were patently too severe. A fine and compensation would have met the justice of the case, and probably fostered reconciliation. As both accused had already spent two months in jail, sentence was reduced so as to result in their immediate release.