Rex v Meope and Another (Cr. C. 65/1927.) [1927] EACA 40 (1 January 1927)

### ORIGINAL CRIMINAL.

#### Before SHERIDAN, J.

### **REX**

#### $\mathbf{n}$ .

# No. 1 OPIRI s/o MEOPE

# No. 2 OPIRI s/o OSANO.

## Cr. C. $65/1927$ .

Rape, section 376 I. P. C.—liability of person who is himself. physically incapable of committing the offence.

Held:-That he may be convicted as an abettor.

Doran for Crown.

JUDGMENT.-I agree with the opinions expressed by the assessors.

I find that the second accused Opiri wa Osano was capable physically of committing rape on the woman and that he did commit\_rape; he\_is\_over\_fourteen\_years\_of\_age,\_but\_apart\_from\_ that has reached the age of puberty.

The first accused Opiri wa Meope is a boy from twelve to thirteen years-over twelve years on the evidence. Although physicaly incapable of committing rape himself, and giving him the benefit of the doubt, I find he assisted his companion to do so and therefore is guilty as an abettor.