(major Court confirmation)

SUDAN GOVERNMENT v. EL DEGEIL SAEED HASSAN

ACCP-531-1964

 Principles

·  Criminal law-payment of dia (blood money)- Recommendation for payment of dia should be made by application by both accused and deceased’s relatives to the Court

Accused was convicted under Penal Code, s,  Code ,s,253. and sentence to six years imprisonment. The trial Court recommended that if dia is paid according to the custom of the locally, the sentence be reduced to three years.
Held: Finding under Penal Code, s,  253, is confirmed , but the recommendation by the Court for commutation of sentence if dia is paid is rejected because such recommendation should not be made unless the application is submitted to the court by both the accused and relatives of deceased.
 

Judgment

Babikeer Awadalla , Acting C.J.November 29,1964;I am confirming

finding and sentence in this case but reject the recommendation for commutation of the sentece if dia be paid.

Having regard to the circumstances of the case, I think that  a very light sentence was passed and that to allow ay further reduction even on payment of dia would make the sentence highly inadequate.

The Court is referring to the “customary dia” What is the customary enlightened in cases of this sort on (a) what the normal amount is , Furthermore, in no case should such a recommendation be made unless an application by both the accused and the relatives of the deceased is submitted to the Court. Dia is an archaic form of expiation of crime which in my view is highly inconsistent with modern conceptions of Criminal punishment and its indiscriminate recognition should be curtailed. It may not be harmful inn those cases where it would not arouse the indignation of relatives of he deceased or society at large but it should in no case be allowed to interfere with the deterrent element of punishment and its payment should to allow accused to get away with term of imprisonment that would be incommensurate with the heinousness of homicide.

Lastly , the recommendation should appear in separate letter giving all the necessary dtalils and not on the sentence sheet.

Editors, Note-See Criminal Court Circular 1952 No. 18 (4).