Rex v Omari (Con. C. 64/1931.) [1931] EACA 28 (1 January 1931)

## CRIMINAL CONFIRMATION.

Before SIR JACOB BARTH, C. J.

## REX

$\boldsymbol{v}$ .

## JUMA BIN OMARI.

## Con. C. 64/1931.

The Penal Code, section 27—corporal punishment.

**Held** (25-2-31):—That there is no power to impose a sentence of imprisonment in lieu of corporal punishment.

The sentence imposed by the lower Court was: "Twenty lashes; in the event of there being any medical or other obstacles to the sentence being carried out, one year's hard labour in lieu."

The case was referred to the Attorney-General.

The Attorney-General agreed that there was no authority for imposing a sentence of imprisonment in default of a sentence of corporal punishment.

ORDER.—The sentence of twenty lashes is confirmed. There is no power to impose a sentence of imprisonment in lieu of corporal punishment. Therefore the sentence of one year's hard. labour is quashed.