R. v. Ayub Issa and two others, Crim. Rev. 5-M-69, 14/2/69, Seaton J.

 

R. v. Ayub Issa and two others, Crim. Rev. 5-M-69, 14/2/69, Seaton J.

The three accused were convicted on their own pleas of unlawful wounding c/ss 288(1), Penal Code, and sentenced to 2¹/₂   years imprisonment each. One night at about 10 o’clock the complainant and another man passed through a homestead where the three accused were sitting. Accusing the complainant of being a chief, the three accused struck him with sticks and knives causing a cut wound on his left forearm, a rapture of his left hand and both of his legs to be broken.

Held: “The attack was described by the learned magistrate as a vicious one and I do not doubt he was correct. Nevertheless, the accused seem to have acted on the belief – mistaken as it turned out to be – that the complainant was a thief. Such a belief would not excuse their conduct and the beating of suspected thieves has been repeatedly condemned by this Court. Nevertheless, it does deprive the accuseds’ conduct of some elements of maliciousness …… Bearing in mind that the maximum penalty for this offence is three yeas, I am of the view that in the circumstances, 21/2 years’ imprisonment is excessive. I accordingly confirm the sentences to the extent of 18 moths’ imprisonment in respect of each accused”.