Rex v Mubeyo (Cr. Revision Case No. 90-35.)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court quashed the conviction under Penal Code s.306(2), holding that the accused's admission of lighting a fire that accidentally spread did not constitute a plea of guilty to wilfully and unlawfully setting fire to grass. Section 306(2) requires malicious intent to harm another's property, not mere commission of an act with natural consequences. The presumption that a man intends the natural consequences of his acts applies only to conscious acts, not mistakes or accidents. The Court further held that when distress is levied to satisfy a fine or compensation order, only so much property as necessary should be sold.
Outcome
Conviction quashed; accused already served sentence; compensation refunded
Facts
The accused was convicted under Penal Code s.306(2) of wilfully and unlawfully setting fire to grass situated near saplings. The only evidence linking the accused to the fire was testimony from a seven-year-old child. When called to enter his defence, the accused stated: "I admit lighting the fire. I went to get honey and after I left the fire fell down and burnt the grass." The magistrate treated this as an unequivocal plea of guilty. The accused was sentenced to six weeks detention and ordered to pay Sh. 300 compensation and Sh. 15 costs. To satisfy this order, sixteen head of cattle were seized under distress warrant and all were sold at auction, realizing Sh. 367, which was Sh. 52 more than necessary.
Issues
- Whether the accused's statement amounted to a plea of guilty to wilfully and unlawfully setting fire to grass under Penal Code s.306(2).
- Whether the offence required proof of malicious intent to cause harm to another's property.
- Whether the levy of distress was properly executed when all sixteen head of cattle were sold to satisfy compensation and costs.
Orders
- Conviction quashed.
- No order for retrial as accused has already served six weeks detention.
- Gross amount realized by sale of cattle (Sh. 367) to be refunded to the accused.
Rules and key headnotes
Legislation cited (4)
- Penal Code s.306(2)
- Malicious Damage Act 1861 (24 and 25 Vict. Cap. 97)
- Chapter 76 Laws of Kenya s.2
- Chapter 76 Laws of Kenya s.3
Cases cited (1)
- R v Davis (Cr. App. R. 211)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.