Rex v Olukamba (Cr. App. No. 120-1935.)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court of Appeal reduced a five-year sentence for manslaughter by negligence to one year imprisonment with hard labour. The appellant, a member of a hunting party, threw a spear at an antelope without waiting for it to pass through the line and struck a companion. The court distinguished this from manslaughter by motor vehicle drivers, noting that hunting party members consented to some risk.
Outcome
Sentence reduced to one year imprisonment with hard labour
Facts
The appellant was a member of a hunting party. Members of the party were positioned in a line approximately six yards apart. An antelope ran between the deceased and the appellant. The appellant threw his spear at the antelope without waiting for it to pass through the line. The spear struck and killed the deceased, a fellow member of the hunting party. The appellant pleaded guilty to manslaughter and was sentenced to five years' hard labour by the trial court.
Issues
- Whether a sentence of five years' hard labour for manslaughter by negligence during a hunting expedition was excessive.
Orders
- Appeal against sentence allowed.
- Sentence reduced from five years' hard labour to one year's imprisonment with hard labour.
Rules and key headnotes
Legislation cited (1)
- Indian Penal Code s.304(a)
Cases cited (1)
- Rex v Eneriko s/o Yowana (Cr. App. No. 125 of 1925)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.