(CRIMINAL REVISION)

SUDAN GOVERNMENT V. ZAHIRA HASSAN AHMED AND OTHERS

AC-CR.REV-30. 1964

Principles

·  Criminal law-public nuisance-Penal Code, s.  216 (1)- Annoyance means anything which materially  disturbs the mind of a  reasonable man. Criminal law-public nuisance-Penal Code, s,  216 (1)-Regards must be made to the character of the neighbourhood in which  act is done.

(i)                  the word “annoyance” in the Penal Code, s, 216 (i) means any thing which materially disturbs the mind of a reasonable man.
(ii)                Whether the Act is a public nuisance under the same section is a matter of fact which depends on the character of the neighborhood where the Act is done.   

Judgment

Advocate: Abdel Rahman Yousif …………………………………for accused    

M. A. Abu Rannat c.j. May 28, 1964:- This is an interesting case. It is the usual and ordinay case where prostitutes live in a house and cause annoyance to a neighbour or neighbours. Prostitution is a social problem which it is difficlult to eradicate.

The word annoyance which appears in Penal Code, s,  216 (1) means anything which would materially disturb the mind of reasonable man, and I agree with the finding of the magistrate that the evidence showed that there was annoyance to the persons living in the vicinity. I also agree with the submission of Advocate Abdel Rahman Yousif that regard must be had to the kind of neighbourhood in which the act complained of is done, but the onus lies on the accused to prove that the locality known as Hai EL Mazaad is occupied by other prostitutes. It is too late to send the case back for hearing such evidence.

As to injunction for stopping the nuisance, this is permissive under code of Criminal Procedure, s. 106.

In the circumstances, Isee no reason to intervene with the decision of the Judge of the Hihg court or the finding and sentence of the magistrate.