Pombe sio supu

Tiiga Waana

Elder Lister
For what? Facilitating an idiot?
He should be arrested and arraigned with counts of offences as long as your arm, @Magreb, and put in can and have the keys thrown away for good measure.

If I was the one prosecuting him, I would prefer the following changes:

a) ABH or Actual Bodily Harm. Many people don’t realise that ABH charge does not necessarily have to involve inflicting wound, cuts, bruises or broken bones. There are bodily features and functions that, if damaged by the actions of the Defendant, could constitute a charge of ABH eg psychological and mental damage, hair damage or even in this case, forced inebriation.
Another point to note is that contrary to what many people think, ABH also concerns temporal and transient damages and not just life threatening or life changing injuries.
That means that even though the Girl might get sober and all after a few days, the offence of ABH has already been satisfied.
One other advantage of going for ABH is that you don’t have to prove that the damage caused was the direct and specific intention of the Defendant.
That means he can’t defend by saying that his intention was not to cause injury but to get her drunk.

b) The Person forcifully giving the liquor could also be charged with section 22 Offences Against the Person Act 1861 (UK).
This section is popularly known as:
  • Causing to be taken or administering a drug with intent to enable the commission of an indictable offence, contrary to s.22 OAPA 1861
By the way and before you ask the above section is not Kenyan law but I am sure we also do have a similar law being part and parcel of Common Wealth and all.

One last thing, ABH attracts 5 years in Prison while Section 22 OAPA 1861 gives a life sentence in the slammer.
 

Ssabasajja

Elder Lister
He should be arrested and arraigned with counts of offences as long as your arm, @Magreb, and put in can and have the keys thrown away for good measure.

If I was the one prosecuting him, I would prefer the following changes:

a) ABH or Actual Bodily Harm. Many people don’t realise that ABH charge does not necessarily have to involve inflicting wound, cuts, bruises or broken bones. There are bodily features and functions that, if damaged by the actions of the Defendant, could constitute a charge of ABH eg psychological and mental damage, hair damage or even in this case, forced inebriation.
Another point to note is that contrary to what many people think, ABH also concerns temporal and transient damages and not just life threatening or life changing injuries.
That means that even though the Girl might get sober and all after a few days, the offence of ABH has already been satisfied.
One other advantage of going for ABH is that you don’t have to prove that the damage caused was the direct and specific intention of the Defendant.
That means he can’t defend by saying that his intention was not to cause injury but to get her drunk.

b) The Person forcifully giving the liquor could also be charged with section 22 Offences Against the Person Act 1861 (UK).
This section is popularly known as:
  • Causing to be taken or administering a drug with intent to enable the commission of an indictable offence, contrary to s.22 OAPA 1861
By the way and before you ask the above section is not Kenyan law but I am sure we also do have a similar law being part and parcel of Common Wealth and all.

One last thing, ABH attracts 5 years in Prison while Section 22 OAPA 1861 gives a life sentence in the slammer.
Upus.
 
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