Case No.:

AC.CP-164-1958.

Court:

Major Court Confirmation

Issue No.:

1961

Principles

·  Criminal Law—Penal Code, s. 251—Penalty for murder if accused over 75 Accused was convicted of murder.

The sentence of death is commuted to life imprisonment in accordance with Criminal Court Circular 26, S. 2. on grounds that accused is over 75 years old.
* Court: M. A. Abu Rannat C.J. and M. I. El Nur J

Judgment

(MAJOR COURT CONFIRMATION)

SUDAN GOVERNMENT v. SAEED EL TAYEB EL HAGA

AC.CP-164-1958.

Criminal Law—Penal Code, s. 251—Penalty for murder if accused over 75 Accused was convicted of murder. The sentence of death is commuted to life imprisonment in accordance with Criminal Court Circular 26, S. 2. on grounds that accused is over 75 years old.

* Court: M. A. Abu Rannat C.J. and M. I. El Nur J.

Babikir Awadalla J. July 1, 1958 :—This is a straightforward case of murder and there is no doubt about the propriety of the finding.

The only question that need be considered is whether it is a hanging case. The Major Court is of opinion that it is and that there is no ground for commutation. I am of opinion that the death penalty should not be carried out. The accused is a very old man of 8o and extreme age has always been a ground for commutation. It is so in India. Our Criminal Court Circular 26, S. 2, even entitles the court to pass the alternative sentence of life imprisonment for the simple reason that the accused is over 75. It is always safer in cases of this kind to pass a life sentence. An extremely old man is unlikely to survive’ a long sentence and if for any reason he is released he would be incapable of causing any harm to society. Further, there is always the risk that the act itself was due to some senile irritability or dementia which—if properly gone into by medical experts—may even excuse the whole act.

I therefore recommend commutation.

M. A. Abu Rannat C.J. July 1. 1958 :—I agree and I have made the necessary order on the sentence sheet