Public Prosecutor v William

Court Supreme Court

Case type Criminal Case

Case number 2400 of 2016

Hearing date 30 Nov -0001

Decision date 18 Aug 2016

Official PDF document

Judge(s) Justice Mary Sey

Defendant(s) Korah William

Counsel – M. Taki for the State Counsel – H. Rantes for the Defendant

Other parties Public Prosecutor

REASONS FOR JUDGMENT

SENTENCE

1. Section 107 of the Penal Code provides that no person shall commit intentional assault on the body of another person. If damage of a temporary nature is caused then the penalty prescribed under Section 107(b) is imprisonment for 1 year.

2. I have taken into consideration the mitigating factors put forward by defence counsel and in view of the circumstances of the case and considering the character of the accused I shall exercise my discretion to temper justice with mercy. In the result I hereby sentence the accused to 6 months imprisonment to which I shall give him credit for one third reduction as he is a first time offender leaving an end sentence of 2 months which is wholly suspended for 2 years.

3. The accused is hereby warned that in the event he commits another offence during such period of suspension the sentence will become operative.