Rex v Mahomedi (Criminal AppealNo. 15 of 1941) [1941] EACA 39 (1 January 1941)

COURT OF APPEAL FOR EASTERN AFRICA

Before Sir Joseph Sheridan, C. J. (Kenya), Sir Norman Whitley, C. J. (Uganda). and SIR HENRY WEBB, C. J. (Tanganyika)

REX, Respondent

$\mathbf{v}$ .

AMIMU s/o MAHOMEDI, Appellant

Criminal Appeal No. 15 of 1941

Appeal from decision of H. M. High Court of Tanganyika

Criminal Law—Sentence for manslaughter—Dangerous weapon.

Appellant appealed against a sentence of ten years imprisonment with hard labour. The facts were that the appellant, meeting the deceased, had words with him about a woman. The deceased struck the appellant several times with a stick. whereupon the appellant drew a knife and killed the deceased with a single stab. Appellant had pleaded guilty to manslaughter.

*Held* $(5-2-41)$ .—The sentence was unduly severe in the circumstances.

Appeal allowed to the extent of reduction of sentence to five years imprisonment with hard labour.

Accused absent unrepresented.

Spurling, Crown Counsel, for the Crown.

JUDGMENT (delivered by SIR HENRY WEBB, C. J.).—While we agree with the learned Judge that the use of a lethal weapon in retaliation for an assault with a stick merits heavier punishment than would be called for in a case where the person provoked retaliates and causes death by the use of a non-lethal weapon, yet we consider that in all the circumstances of the present case the sentence imposed was unduly severe and we reduce it to one of five years imprisonment with hard labour.