Stephen Kagatula v. R., Crim. App. 553-M-68, 15/8/68, Seaton J.

Stephen Kagatula v. R., Crim. App. 553-M-68, 15/8/68, Seaton J.

Accused was convicted of using language and common assault and received concurrent sentence of 4 and 3 months respectively. He had become abusive while at a beer-shop, insulting the Village Executive Officer, T.A.N.U. and the President When some by-standers remonstrated with him, he pushed one of them down and later followed him and seized him by the shirt.

            Held: The sentence were excessive. “It appears from the evidence that the appellant was drunk. This would not excuse his crime. But one does not regard the words of a man in his cups as seriously as those of one who is cold sober. The appellant is a first offender and has nine dependants. His occupation prior to this offence was that of a primary court clerk. It is possible he may now lose that position which itself would be a heavy penalty.” Sentences reduced to 2 months on each count to run concurrently, of which accused had already served 1.5 months.