Held there were no exceptional circumstances here to

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Held: There were no exceptional circumstances here to justify consecutive sentences here. Accused was convicted of indecent assault, a far lesser crime than that of rape. Also, he was a first offender. 263. R. v. Lucas Katingisha , Crim. Rev. 77-D-67; 29/6/67; Hamlyn, J. Accused was charged in two separate counts of using a bicycle without a licence and of using a bicycle without affective brakes. He pleaded guilty and was fined Shs. 10/- Held : When there is more than one count, each must be dealt with sepa- rately by the court, rather than passing one omnibus sentence. Sentence was altered to a fine of Shs. 5/- on each of the two counts. 264. John Ngarama v. R., Crim. App. 215-M-67, -/7/67, Cross, J. Accused was convicted on two counts of stealing, both arising out of the same transaction (taking money belonging to two people from a single purse.) The Ma-
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gistrate’s judgment stated that he was convicted “as charged” and sentenced to 9 months’ imprisonment. Held : Where an accused is convicted on two or more counts, the sentence given must be allocated among the various counts, or to a particular count, sen- tence of 9 months on each count imposed to run concurrently. 265. R. v. Green Mwanangwa , Crim, Rev. 25-A-67; 11/7/67; Platt, J. Accused convicted on two counts of robbery with violence, and sentenced to 2 years and 24 strokes and 2 years and 12 strokes, respectively. (1967) H.C.D. - 75 – Held : Where an accused is convicted at one trial of two or more distinct offences, any two of which are punishable by corporal punishment, only one sentence of corporal punishment may be passed in respect of all the offences (Corporal Pu- nishment Ordinance, Cap. 17 s. 10). Order for 12 strokes set aside. 266. Saidi s/o Abdallah v. R., Crim. App. 399, 400-D-67; 19/7/67; Georges, C. J. Complainant slapped the second accused, who is his niece and an adult, hard enough that she fell down. Thereupon the niece picked up al large pes- tle(apparently the nearest thing at hand which might serve as a weapon) and started hitting the complainant with site. The first accused immediately joined the fray on the side of the niece. The damage to complainant was superficial, mainly a few lacerations and abrasions. Accused were convicted of assault and sen- tenced to eight months each. Held: (1) Even though this quarrel was initiated by the complainant, ac- cused were not justified in retaliating as they did. The convictions were upheld. (2) However, the sentences were patently too severe. A fine and compensation would have met the justice of the case, and probably fostered reconciliation. As
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both accused had already spent two months in jail, sentence was reduced so as to result in their immediate release. 267. R. v. Chrisant Kalo , (PC) Crim. Rev. 3-D-67; 3/7/67; Saidi, J. Accused was convicted of criminal trespass and stealing, for which he received concurrent sentences of 18 months and 12 months respectively. The value of the articles stolen was Shs. 13/50.
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  • Dean Majamba

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