Public Prosecutor v William

Supreme Court

Criminal Case
2400 of 2016
18 Aug 2016

Justice Mary Sey
Public Prosecutor
Korah William
Counsel – M. Taki for the State
Counsel – H. Rantes for the Defendant

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.