R. v. Tulali s/o Kisongo, Crim. Sass. 55-A-67, 9/5/68, Platt J.

R. v. Tulali s/o Kisongo, Crim. Sass. 55-A-67, 9/5/68, Platt J.

Accused was charged with endangering the safety of persons traveling on the railway, by placing stones on the line [P.C. s. 224]. Both assessors and the judge accepted the evidence of the driver and  a passenger that accused had been sitting on the railway line with two other persons and that they had placed stones on the line.

            Held: (1) The prosecution must prove beyond reasonable doubt that accused intended to endanger the safety of a person or persons traveling by railway. The Penal Code contains no offence equivalent to section 34 of the English Offences Against the Person Act 1861 (endangering by unlawful act or omission the safety of any railway passenger). The assessors must consider whether the accused, a youth with not formal education who alleges that he did not know the likelihood of danger resulting from his acts, formed the specific intent required by the section. (2) The stone was of a size to be inherently dangerous, and the only conclusion must be that the accused intended the natural consequences of his acts, which would be to endanger the safety of travelers. In agreement with the assessors, accused is found guilty.(3) Taking into account the Probation Officer’s report, referring to accused ’s youth and backwardness due to illness which has left him deaf, a sentence of 18 months’ probation is ordered.