Case No.:

AC-CR-REV-4-1 959

Court:

Court of Criminal Appeal

Issue No.:

1961

Principles

·  Criminal Law — Penal Code . S . 440 Criminal intimidation -Test is effect intended upon particular person threatened

Accused threatened complainant. a primitive pagan. with thunder-storms to stop him from organicing dances, and was convicted criminal intimidation.
Held Judgment is confirmed. since the test of criminal intimidation is the effect intended to lie made upon the mind of the person threatened not the effect likely on in ordinary reasonable man.

Judgment

(CRIMINAL REVISION)

SUDAN GOVERNMENT v. UGO RIVA

AC-CR-REV-4-1 959

Advocate: Ahmed Gumaa …….  for the accused

M. A. Abu Rannat C.J. February 21,1959 :- the facts found by the trial court are that the accused, who was a priest in the Zande area for nine years, said to the complainant, who is a primitive pagan, that if he did not stop the beating of the drum until late at night, he would see that evil befell him in the shape of a lightning thunder-storm.

Advocate for accused contends that the question of intimidation “does not depend on the nerves of the individual threatened, but should be a threat as may overcome the ordinary free will of a firm, man.”

“The gist of the offence of criminal intimidation.” as Petherazn C.J. has said, “is the effect which the threat is intended to have upon the mind of the person threatened, and it is equally clear that, before it can have any effect upon his mind, it must be either made to him by the person threatening, or communicated to him in some way.”

One of the criteria to be considered is the alarm produced upon the mind of the complainant, and in order to reach a decision on this point, it is pertinent to inquire what effect the threat has had upon him, and how did it affect his daily movement, and what precautions did he then take to protect himself. It is in evidence that the complainant reported the matter immediately to the management of the E.P.B. and that he made his fears known to El Nur Matar and Mekki Abdel Gader who were his direct superiors.

These facts, gathered together, show the real intention of the accused. It can be safely stated that accused’s intention was to frighten the complainant in order to make him desist from organising the Nuggara dances at Anzara and, on the evidence before the court, I cannot say the court was wrong in convicting ‘the accused under Penal Code, s.441, and I therefore see no reason to intervene.