KCC 839/2001

This case involved whether an individual was guilty of causing permanent disability to a person they pushed on the stairs.

Background

An appellant said in his grounds of appeal that the appealed ruling by which he was convicted of causing damage that result in a permanent disability had erred in the application of law and had insufficient evidence of causation. He said that the court established its ruling on the grounds of the testimony of the victim and dismissed his defence that he was not responsible for causing the permanent disability.

Decision

The court of cassation said that this argument was invalid. The court said that the court considered all aspects of the incident and concluded that the elements of the crime existed. The court said that the documents of the case that the appellant pushed the victim on the stairs in a way that caused the disability to them . The court said that the court established its ruling on the grounds of solid evidence including the testimonies of the victim and the witnesses and the report of the coroner. The court said that the appellant's defence was irrelevant in this regard.

The court dismissed the appeal.