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Matonya Chima v.R. Crim. App. 89,90,91-D-67; Duff, J
Accused, aged fourteen sixteen and seventeen years respectively, were convicted of rape. (P.C., ss. 13,130.) All three were sentenced to twelve months’ imprisonment, the magistrate stating that two were adults while the third was a young person.
Held: (1) Section 22 of the Children an Young Persons Ordinance, Cap. 13, prescribes that no young person shall be imprisoned unless the court considers that “none of the other methods of punishment are suitable.” The Court stated, “A more appropriate punishment would have been corporal punishment.” (2) The sentences of all three were set aside, and sentences substituted so as to result in their immediate release.
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