Ndaa v. Republic
Court of Appeal, at Mombasa January 24, 1984
Hancox JA, Chesoni and Nyarangi Ag JJA
Criminal Appeal No 146 of 1983
Criminal law - assault causing actual bodily harm - ingredients of the offence - how plea of the offence taken - Penal Code s 251.
Plea - plea of guilty - pleading to offence of assault causing actual bodily harm - what amounts to plea of guilty to such offence - Penal Code s 251. Sentence - severity of sentence - offence of causing actual bodily harm - corporal punishment - 20 strokes of - whether sentence manifestly excessive.
The appellant had been charged with assault causing actual bodily harm and when the charge was read and explained to him, he answered:
“I have understood the charge. I did beat [the deceased]”.
The appellant was convicted on his own plea of guilty and sentenced to 2 years’ imprisonment and 20 strokes of corporal punishment. He appealed against conviction and sentence. Held:
1. The ingredients of the offence of assault causing actual bodily…