- 2 - 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 /regard

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