R v andreas msafiri crim rev 142 d 67 141167 saudi j

Info icon This preview shows pages 388–390. Sign up to view the full content.

450. R. v. Andreas Msafiri, Crim. Rev. 142-D-67, 14/11/67, Saudi J. The Minimum Sentences Act and the Corporal Punishment Ordinance, cap. 17, both provide that no corporal punishment shall be imposed on a person over the age of 45 years. In this case, which involved a Minimum Sentences Act offence, accused was awarded strokes upon finding by the trial court that he was “about 45 years of age.” Held: Be caused it is impossible to say whether the accused is over 45 years of age, in which case he is not subject to corporal punishment, “….. the court should give the accused the benefit of the difficulty of assessing his exact age and hold that he is over 45 years of ago …” Order of corporal punishment quashed. 451. Samwel Mwendawano v. R., Crim. App. 658-D-67, 3/11/67, Saudi J. Two accused were fined Shs. 300/- each for affray, contrary to P.C. s. 87. They were unable to pay the fines and were imprisoned in default. The Court noted; “This Court has repeatedly expressed strong views on the point that the fine a court should impose on any person convicted of an of- fence should be one that such person would be able to pay. The idea of imposing
Image of page 388

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

a fine is to keep the accused person out of prison, where he might worsen his character by making contacts with hardened criminals who are always found in the jail. With hardened criminals who are always found in jail. There is therefore no good ground for a court to impose a fine which an accused person cannot pay and in consequence has to go to jail in default of payment. It is imperative that inquiries as to the accused person’s ability to pay a certain amount of fine should be made before any fine is imposed.” [Citing R. v. Bison s/o Mwanga, 2 T.L.R.(R) (1967) H. C. D. - 136 – 31; Mohamed Juma v. R., 1T.L.R. (R) 257.] “Without fixing any particular figures to be followed, it does not appear to me to be reasonable to impose a fine which exceeds one-third of the monthly income of an accused person.” 452. Athumani s/o Matat v. R., Crim. App. 697-D-67, Saidi J. Accused were charged with attempting to obtain money by false pretences [P.C. ss. 302, 381] but were convicted of attempting to steal [P.C. ss. 265, 381]. The evidence was that the two accused, who were employees of a co-operative so- ciety, prepared false produce receipts and gave them to their relatives to collect the money on behalf of the accused. When the receipts were presented, they were found to be false, and no money was ever paid. Held: (1) What had been done by accused amounted merely to prepara- tions to obtain the money; no steps had been instituted for taking that is asporta- tion of, the money. Therefore, they were not guilty of attempted stealing but only of the original charge of attempting to obtain by false pretences. (2)Were the conviction to be upheld, a charge of a simple offence would be converted into a scheduled offence carrying a minimum sentence. This could only have been done in the manner prescribed in the section 189 of the Criminal Procedure code.
Image of page 389
Image of page 390
This is the end of the preview. Sign up to access the rest of the document.
  • Fall '17
  • Dean Majamba

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern