Mackreyo Kingu s/o Nakala v. R., Crim. App. 788-D-67, 20/12/67, Duff J.
Accused was convicted of assault occasioning actual bodily harm and sentenced to 9 moths’ imprisonment. The complainant, his wife, had angered him by her tardiness in preparing his supper. Her injuries, hemorrhages in both eyes, were not serious.
Held: “In cases of this nature between husband and wife and where the injuries inflicted are not serious, recourse should be had to the provisions of section 134 of the Criminal Procedure.” Sentence reduced to result in immediate release.
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