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R. v. Petro Masani Amsi, Crim. Revs. 44, 49-A-68, 13/9/68, Platt J.
Accused, both 18 years of age, were convicted in separate cases of defilement of girls under 12 years of age c/s 136 (1), Penal Code, and sentenced to 3 years’ imprisonment and 12 strokes corporal punishment. In the case of the first penetration; the second accused ’s victim suffered greater injuries, but the Court noted that she contracted no disease.
Held: Although these offences were serious, “it is not generally desirable to impose a long term of imprisonment” where corporal punishment has been imposed and where the accused is a youthful first offender, because of “the undesirable side effects” of imprisonment on such persons. First accused sentenced to 18 months and 12 strokes; second accused sentenced to 2 years and 12 strokes.
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