Since the penalty of this crime is contained in Article (86/F) of the same law, it should have
to be added in respect of the conviction.
The awarded imprisonment penalty found to be the lower penalty for such crimes and in
respect of which there is no room for intervention.
The fine penalty, however, despite being an obligatory penalty beside imprisonment
penalty, the court omitted the provision contained inthe bottom of this Article that the court
may allocate part of the fine for the affected parties by way of compensation.
I am therefore in the opinion if my colleague agree, that the appeal court decision should
have to be cancelled and restitution of the trial court decision in respect of the conviction
with amendment as to be under Article 45/b read in conjunction with Article (86/f) of
Child Act for 201together with restitution of imprisonment penalty issued by the trial court
and reduction of fine penalty to be five thousand pounds of which if paid four thousand
pounds to be allocated for the victim by way of compensation. Fine is to be collected in
accordance with the provisions of Article (198) of Criminal Procedures Act for 1991.
Yaqoub Osman Bakira
Supreme Court Judge
02/04/2018
Second Opinion:
I agree
Hashim Ibrahim Al Toum
Supreme Court Judge
05/04/2018
Third Opinion:
Dr. Suleiman Mohamed Shayeb
Supreme Court Judge
13/04/2018
Final Order:
1. Cancelling the appeal court decision and restituting the trial court decision concerning the
conviction and amendment thereof as to be under Article (45/b) read in conjunction with
Article (86/f) of Child Act for 2010.
2. Restituting imprisonment penalty issued by trial court with reducing fine penalty to be
five thousand pounds of which if paid four thousand to be allocated for the victim by way of
compensation. Fine is to be collected in accordance with the provisions of Article (198) of
Criminal Procedures Act for 1991.
Yaqoub Osman Bakira
Supreme Court Judge
16/04/2018