R. v. Saidi s/o Abdallah, Crim. Rev. 56-D-67; 6/6/67, Saidi, J.

R. v. Saidi s/o Abdallah, Crim. Rev. 56-D-67; 6/6/67, Saidi, J.

The only issue considered by the High Court was that of the sentence imposed. The district magistrate sentenced accused “to go to prison for 2 years and 24 strokes if he is below 45 year subject to medical examination as to his age.” In mitigation the accused had stated, inter alia, that he was about 4 8 year old.

            Held: The trial court should have heard medical evidence as to the age of accused, made a finding of fact on that issue, and then passed sentence accordingly. The case was remanded to Theo trial court for the hearing of medical evidence and proper sentencing.