R. v. Kashinje Crim. Case 545-S-190; 27/11/70; El –Kindy Ag. J.

 R. v. Kashinje Crim. Case 545-S-190; 27/11/70; El –Kindy Ag. J.

The accused attempted to hang him by a rope after he had quarreled with his wife who wanted a divorce. He was convicted on his own plea of guilty for attempted suicides c/s 217 Penal code and sentenced to two months imprisonment. The trial magistrate observed that the sentence was for the protection of the accused’s own life.

            Held: (1) “Imprisonment is not considered to be a suitable form of punishment in such cases. There are many authorities, reported and unreported to this effect, such as the case of R. v. MUSA S/O THOMAS 1968 H. C. D. No. 479. The view taken is that a person who attempts to take away his life needs our sympathy as he could very well be mentally sick or weak. As such he should not be punished in this way. The accused in this case appears to have taken seriously the fact that the wife he loved was seeking to end heir married life by divorce and rather than face up the situation he decided to take away his life. In a way it was cowardly act and not a way at tall of facing the domestic dispute.  Essentially, in my view, attempted suicide does not carry the same moral turpitude as, say, theft. I doubt very much, in modern thought, that suicide case can seriously be argued as a criminal act.” (2) “As the accused has already served his sentence, no useful will be served by revising it.”