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R. v. Andreas Msafiri, Crim. Rev. 142-D-67, 14/11/67, Saudi J.
The Minimum Sentences Act and the Corporal Punishment Ordinance, cap. 17, both provide that no corporal punishment shall be imposed on a person over the age of 45 years. In this case, which involved a Minimum Sentences Act offence, accused was awarded strokes upon finding by the trial court that he was “about 45 years of age.”
Held: Be caused it is impossible to say whether the accused is over 45 years of age, in which case he is not subject to corporal punishment, “….. the court should give the accused the benefit of the difficulty of assessing his exact age and hold that he is over 45 years of ago …” Order of corporal punishment quashed.
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