Accused was convicted inter alia of causing death by

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Accused was convicted inter alia, of causing death by reckless or dangerous driving. He was fined Shs. 500/- or two years’ in prisonment in default. Held : (1) The maximum term of imprisonment that could have been im- posed in default of such payment was a period of six months. (2) There is noth- ing in the record to indicate what salary the accused was receiving. It is desirable
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to make an inquiry into the financial means of the accused before determining the amount of a fine. “(T) o impose a substantial fine on people of little or no means does not indicate a proper judicial approach to the question of penalty.” A term of six months’ imprisonment in default was substituted for the original two year term. 140. R.v. Finho s/o Lowio , Crim. Cas. 78-D-67; 25/4/67; Duff, J. Accused was fined Shs. 20/- or one week’s imprisonment in default on each of three traffic offences, the fines to cumulative but the terms of imprisonment in de- fault to be concurrent. Held: Fines, by their very nature, cannot be concurrent; therefore, terms of imprisonment in default of payment of separate fines also may not be concurrent. 141. R. v. James s/o Sulu , Crim. Rev. 21-M-67; 13/5/67; Mustafa, J. Accused was convicted of two counts, one of forgery and one of uttering a false document. He was sentenced on each of the two counts to a fine of Shs. 30/- or one month’s imprisonment in default on each count, the terms to run concurrent- ly. Held: The two terms of imprisonment on the two fines cannot be ordered to run concurrently, but must be consecutive. (See. P.C. s. 29 (iii) (a).) 142. Omar Saidi v. R . Crim. App. 205-D-67; 12/5/67; Duff, J. Accused was convicted of stealing by servant (P. C. s. 271) upon evidence that he had taken Shs. 120/- belonging to Umoja wa Wanawake. The trial court found that the Minimum Sentences Act applied to the offence. Held: ( 1) The Minimum Sentences Act was applicable only if the U.W.T is a society, body, party or charity included in these mentioned in items 2 or 3 of Part 1 of the Schedule to that Act. (2) Although U.W.T. is affiliated with T.A.N.U. ( 19670 H.C.D. - 37 -
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It is not a political party within the meaning of that term in items 2 or 3 of Part 1 of the Schedule. (3) It is possible that the money stolen was from funds used for charitable purposes such as those described in Part 1 of the Schedule to the Act, but no such evidence was introduced. There for, the Minimum Sentences Act was inapplicable to this case. 143. R. v. Calboake Camarasingha , Crim, Rev. 46-D-67; 19/5/67; Saidi, J. Accused was convicted of stealing by a person employed in the public service. (P. C. ss. 270,265). The amount stolen was Shs. 2000/- The trial court placed him on probation for two years upon the condition that he repay the money and surrender his passport. Held: The minimum sentence of two years imprisonment was mandatory. Since the amount involved exceeded Shs. 100/- special circumstances could not be entertained.
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  • Fall '17
  • Dean Majamba

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