Omari s/o Athumani and another, Crim. App. 541, 612-D-68 20/11/68, Biron J.

Omari s/o Athumani and another, Crim. App. 541, 612-D-68 20/11/68, Biron J.

The two appellants were together convicted of assault causing actual bodily harm c/s 241, Penal Code, and they were each sentenced to imprisonment for two years and ordered to pay Shs. 50/- as compensation to the complainant. The two appellants, who are brothers, squabbled with their sister over fifty cents which she owed then, during a pombe session in her husband’s house. The woman’s husband, the complainant, annoyed by their clamour, ordered then all out of the house. He then assaulted his wife, felling her, and she, apparently out of pique, left the house and joined her brother. Her husband followed her, and he was then assaulted by her two brothers.

Held: There is no merit in the appeals, as remarked by the learned judge who admitted them only on account of the sentences, which, in view of the injuries sustained by the complainant a fractured skull, apparently resulting impartial paralysis – required consideration as to their adequacy. However, in favour of the appellants, it must be borne in mind that they went to the assistance of their sister, who had been assaulted by her husband. All were in drink, if not drunk, and the weapons used by the appellants were apparently picked up on the spot, not with any premeditation. And there is a further material factor which is worthy of consideration. The two appellants first appeared in court on the 21^st of September 1967. There then followed a number of adjournments with the appellants in custody until the 13^th of October, when they were released on bail. After more adjournments. ….. the trial finally commenced on the 8^th of July of this year, that is, ten months and twenty – four adjournments after the appellants first appeared in court. Although some of the delays were occasioned by the appellants having jumped bail, most of the delay was through no fault of their own, and no reason has been advanced, nor does any suggest itself, for this unconscionable delay.

In all the circumstances I am very far from persuaded that this court would be justified in interfering with the sentences imposed”. Appeals dismissed and sentences confirmed.