R. v. Atupelye d/o Lwidiko, Crim. Sass. 24-D-67, 17/10/67, Georges C. J.
Accused was charged with murder. She claimed the death was accidental, but her story was contradicted by a nine-year old child, the only witness to the events in question. After the victim was stabbed she was taken to a hospital where she died later. No medical evidence was presented at the trial.
Held: (1) The court believed the nine – year-old child and disbelieved the accused as to what happened, and rejected accused ‘s claim that the wound was inflicted accidentally. (2) In view of the absence of medical evidence as to the treatment received at the hospital, the cause of death cannot be attributed to the stab wound beyond a reasonable doubt be attributed to the stab wound beyond a reasonable doubt. The court refused to presume in the absence of contrary evidence “…… that the treatment must have been what it ought to have been, that is, treatment in good faith and according to the common knowledge current at the time. Accused was convicted of unlawfully doing grievous harm contrary to Penal Code, sec. 225
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