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established that it had some softness to the touch which
needed following up. The doctor also established that the
force that was used was severe. So it would appear that
the verdict that was reached by the learned magistrate
was proper that the intent here must have been to cause
grievous bodily harm.
Mr Moorosi appearing before me today argued that the
accused is the man who suffered some injuries sometime in
the past as the result of which he turned epileptic.
I have before me exhibit "A", a health book
belonging to the accused. In my view it seems that it
was kept as a record showing the treatments that the
accused has been undergoing in the years 1982 to 1986 or
even 1988.
The magistrate, although this matter fell within his
jurisdiction felt that it should come to this court
because he fears that the state of the accused's health
might be such that imprisonment will not be proper. But
there was no evidence led before him, after he had found
the accused guilty, as to whether the accused would carry
the sentence or that his health would not equal the weight
prescribed by the minimum penalities Order 44 of 1988.
Mr Moorosi was invited by the court to say now what
authority should be relied on to support this learned
magistrate's fear and he said that there wasn't any
authority. I am also aware of none.
It therefore is the duty of the court to impose the penalty
which is not lower than that which is prescribed in the law.
Indeed the learned Counsel for the crown was also invited
for purposes of finding whether this fear by the learned
magistrate has any substance. In the circumstances I am
afraid the sentence to be imposed is one which is prescribed
as the minimum according to the law.
Apart from the horror that the little child must
have suffered - we are told that the eye got injured and

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