Chababila s/o Kakobe v. R., Crim. App. 166-M-68, 17/5/68, Seaton J.

Chababila s/o Kakobe v. R., Crim. App. 166-M-68, 17/5/68, Seaton J.

Accused, 42 years old, was charged and convicted of common assault. Accused had stabbed one person in the neck and had fractured the arm of another with a stick. A sentence of 2 years and 12 strokes was imposed by the magistrate.

            Held: Accused was not charged with attempted murder or grievous harm, but with common assault. A sentence of corporal punishment on an adult for a misdemeanor should be imposed sparingly and in cases where the heinousness of the offence is attended with aggravating circumstances such as gross brutality or the age and sex of the victim. Corporal punishment order set aside; imprisonment reduced to 18 months.