That, finally, the causal link is the corollary of the material act; that the material act must have affected or caused harm on another person; Whereas in the case at hand, it is established that O. D, with a whip, administered several lashes on the body of O. A; that she suffered several injuries, as certified by the medical report in the file: “coloured mucous membranes, swelling, and multiple excoriations on the buttocks, back, and hands"; Whereas the accused was well aware that he was causing damage to her physical integrity; That in fact this was his intention, given the severity of the blows, as he himself describes them, with a certain pride and inner satisfaction, despite the remorse he tries to show at the bar to make amends; Whereas there is a direct link between the blows received and the injuries sustained by the victim; Whereas beyond the injuries, O A felt and still feels an emotional shock from the attitude displayed by her brother to humiliate her, by hitting her on the buttocks like a child; That till the day of this judgement, she is obliged to support her buttocks with soft cushions to alleviate the pain when she sits; That of all the above, it must be concluded that all the evidences constituting the offence of assault and battery are established against the accused; Whereas from the initial medical certificate produced in the file, it appears that the total inability to work is 4 (four) days in the absence of further complications; Whereas from 21 April 2017 (day of the acts) to 10 May 2017 (day of judgement), 21 (twenty-one) days later, the victim still bears the scars of the injuries she suffered; That the accused falls fully under the scope of the provisions of Article 327 mentioned above; 2) Acts of intimidation Whereas under Article 348 of the Criminal Code: “Anyone who, by any means whatsoever, intimidates another person constitutes an offence punishable by law with a criminal penalty, shall be punished by imprisonment for a term of two to five years and a fine of CFAF 600,000 to 1,500,000”; Whereas in the case at hand, O. D is accused of having uttering death threats to O. A if she did not leave the family yard; that this was what effectively forced her and their mother out of the family home; Indeed, this is what the victim, backed by her mother and her uncle OUIDRAOGO Sévérin, maintained; Whereas the accused, in turn, vigorously contests having made death threats to his sister; However, apart from the testimonies of the mother and uncle, which are based on the statements of O. A, they were unable to provide evidence of such threats made by the accused, which they themselves heard; Whereas from the various statements made by the parties and witnesses, it is clearly difficult to prove the materiality of the death threats; In the absence of evidence, serious doubts exist as to the constitution of this offence; That it is then appropriate to dismiss the accused for the purposes of the proceedings to the benefit of the doubt; B) APPLICABLE SENTENCE