R. v. John Yakubona, Crim. Sass. 102-M-68, 12/7/68, Mustafa J.

 

R. v. John Yakubona, Crim. Sass. 102-M-68, 12/7/68, Mustafa J.

The first accused, an assistant divisional executive officer, ordered second accused, a messenger, to lock up over fifty alleged tax defaulters in two small cells which had almost no ventilation. First accused gave evidence, denied by the second accused, that he had ordered that no more that eleven people be locked in one cell and twelve in the other. There was other evidence that prisoners shouted intermittently all afternoon and  throughout the night, while second accused was on guard. It also appeared that first accused returned at midnight, but went away without doing anything. Thirteen of the prisoners in one cell suffocated, and accused were charged with manslaughter.

            Held: (1) The evidence of each accused against the other is accomplice evidence. However, making allowances for that, it does seem that first accused ordered second accused to lock up the prisoners in two cells, knowing full well that the cells could not safety hold so many people.(2) Both of the accused had a duty of care to the prisoners, and both showed such a high degree of recklessness in regard to human life as to.

Amount to an unlawful act; therefore, they are guilty of manslaughter. As both are equally responsible, and as a “severe and deterrent” sentence is called for, each is sentenced to ten years’ imprisonment.