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R. v. Musa Issa Mkoko, Dist. Ct Crim. Case 91-Newala-67, 24/10/67, Inspection Note by Saidi J.
The three accused were convicted of assault causing actual bodily harm [P.C. s. 241] upon evidence that they unlawfully.
Assaulted two men, one after the other, with fists at a pombe party. A sentence of 10 strokes corporal punishment was imposed on each. The accused were adults.
Held: (10 A person convicted under section 241 can be awarded corporal punishment in lieu of, or in addition to, any other punishment only if the assault is of an aggravated nature. [Corporal Punishment Ordinance, Cap. 17, clause 2 of Part 1 of the Schedule.] (2) The assault was not of an aggravated nature.
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