Rex v Opiri and Another (Criminal Case No. 65 of 1927) [1927] EACA 17 (1 January 1927)

## ORIGINAL CRIMINAL.

## Before SHERIDAN, J.

# "·

## No. 1 OPIRI s/o MEO. PE

### 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 th\_e offence.

·Held\_:-Tbat he may be convicted as an abettor.

*Doran for Crown.*

JunoMENT.-1 agree with the opinions expressed by the assessors.

' I find tha~ the second accused Opiri wa Osano was capable physically· of committing rape on the woman and that he did -commit-rape.;~he-is-o:v.er\_four.teen\_years\_of\_age,\_but\_apart\_from\_ that has reached the age of puberty.

The first accused Opiri wa Meope is a boy from ~welve 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.