intention inspired by a will to do evil on purpose, and a
consequential damage resulting in a total personal incapacity to
work for more than seven days and less than twenty-one days;
Whereas in the case at hand, the accused acknowledges having
pushed B.D. who ended up on the ground; Whereas the material act
of assault on B.D. is therefore established; Whereas these assaults
were committed by the accused to avenge the seller of second-hand
goods who was allegedly insulted by the victims; Whereas the guilty
intent of S.I is therefore constituted; That, although it is not disputed
that the victim B.D. suffered damage as a result of the acts of assault
because she fainted and was subsequently transported to a health
centre, no medical certificate establishes the duration of the total
personal incapacity to work; That, moreover, it does not appear from
the investigation of the case that the ladies B.D. and B.I. were totally
unable to work for more than seven days; Better yet, the two victims
went to the Regional Brigade for Child Protection the day after the
incident; Given that the personal incapacity to work did not exceed
seven days, it is appropriate to reclassify the acts alleged against the
accused of assault in accordance with Article 8 paragraph 8 of
Decree No. 97-84/PRES/PM/MJ of February 28, 1997, on the
definitions and sanctions of contraventions;
That S.I should be found guilty of acts of assault and be
convicted;
2- Sentence
Whereas according to article 8 paragraph 8 of decree No.
97-84/PRES/PM/MJ of February 28, 1997, defining and punishing
contraventions, are guilty of assault, "those who, voluntarily, cause
injury or assault or commit any other violence or assault on a
person which does not result in illness or total personal inability to
work for more than seven days. That according to article 2 of the
same decree, fourth class contraventions are punishable by a fine
of CFAF 15,001 to 50,000;
Whereas in the case at hand, S.I. was found guilty of assault;
whereas, however, the accused admitted his wrongdoing and asked
for the court’s clemency at the hearing;
That as a consequence of the above, he should be sentenced
to an actual fine of CFAF ten thousand (10,000);
B-COSTS
Whereas under article 473 of the Code of Criminal Procedure,
the accused person found guilty is also ordered to pay the costs;
Whereas, in the case at hand, S.I. has been found guilty of the acts
alleged against him; Whereas, consequently, he should be ordered
to pay the costs;
UPON THESE GROUNDS
The Juvenile Judge, ruling in a public hearing following full trial
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