R. v. Kitila s/o Tintina, Crim. Rev. 164-D-67, 12/12/67, Biron J.

R. v. Kitila s/o Tintina, Crim. Rev. 164-D-67, 12/12/67, Biron J.

Accused was convicted on his own plea of doing grievous harm [P.C. s. 225], and sentenced to 15 months’ imprisonment. During a quarrel with his wife, when he had taken offence at the way she had helped herself to a portion of meat, accused had struck her with a the stick on hand, fracturing a joint of one of her fingers.

            Held; The offence was “a domestic one.” The magistrate failed to consider that, by imposing “such a long term of imprisonment, he was in fact causing the complainant to suffer more.” By depriving her of her breadwinner. Sentence altered to result in immediate release.