Rex v Rwechungura (Criminal Appeal No. 3 of 1947) [1947] EACA 11 (1 January 1947)

## COURT OF APPEAL FOR EASTERN AFRICA

## Before SIR JOSEPH SHERIDAN, C. J. (Kenya), SIR G. GRAHAM PAUL, C. J. (Tanganyika), and THACKER, J. (Kenya)

# REX, Respondent (Original Prosecutor) v.

# KOSTA RWECHUNGURA s/o TAMUZORA, Appellant (Original Accused) Criminal Appeal No. 3 of 1947

law—Manslaughter—Negligence—Unqualified Criminal person giving $an$ injection—Sentence.

The appellant, an unqualified and unskilled African, gave an overdose of bismuth by injection to a woman with fatal result. He was convicted of manslaughter by negligence and sentenced to five years' H. L. He appealed against sentence.

## Held (16-1-47).—That the sentence was not excessive.

Appeal dismissed.

#### Appellant absent, unrepresented.

## Phillips. Crown Counsel (Kenya), for the Crown.

JUDGMENT (delivered by SIR JOSEPH SHERIDAN, C. J.).—This is a case where we should not interfere with the sentences. They are not, so far as we can say, excessive and they were directed to run concurrently. Sentences such as the five years passed for the offence of manslaughter based on negligence are called for where ignorant and unqualified persons carry out injections with fatal results. The appeal is dismissed.