213 allen so nyelo v r crim app 311 d 67 14667 geoges

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213. Allen s/o Nyelo v. R., Crim. App. 311-D-67; 14/6/67; Geoges, C. J.
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Accused was convicted of theft and sentenced 2.5 years’ imprisonment and 24 strokes under the Minimum Sentence Act. The sum involved was Shs. 440/- In passing sentence, the magistrate observed, “It is agonizing to note that thievish mentality is spreading like barn fire or contagious disease and the public funds are at great stake. My hatred for thieves knows no bounds and I consider a tougher punishment should be imposed.” Held: “(T)he minimum sentence fixed by law takes into account the public abhorrence for the offence …. And the need for deterrent punishment. Though it is a minimum sentence and not a maximum, it should be increased only where there are circumstances of aggravation – where a large sum was stolen or where there are previous convictions or a grave abuse of position of trust.” As there were to such circumstances here, the term of imprisonment was reduced to the statutory minimum of 2 years. 214. R. v. Masanja Zengo , Crim Rev. 24-M-67, 22/5/67, Mustafa, J. Accused was convicted of breaking into a school building with intent to steal, contrary to section 297 of the Penal Code. The trial magistrate found that break- ing into a school was a scheduled offence under the Minimum Sentences Act, whereupon he sentenced accused to two years and twenty-four strokes. Held: “(A)n offence contrary to section 297 of the Penal Code is not within the mischief of the Minimum Sentence. ( 1967) H.C.D. - 58 – Act. In the circumstances, I set aside the sentence of corporal punishment. In the result, the accused will serve only two years imprisonment.” 215. Rashidi s/o Ally v. R . Crim. App. 241-D-67, 9/6/67, Georges, C. J.
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Accused was convicted of burglary. The only question on appeal involved con- sideration of Accused ’s alleged criminal record for purposes of sentencing. Of four alleged convictions, accused denied three and, while admitting one, said it was for as- sault and not a theft offence. No corroborative proof of the convictions was put forth by the prosecution. Held : “When an accused person denies a conviction appearing on his record, it is necessary to call someone who was present at the conviction – preferably the police complainant ---- to prove the conviction. Entries may be made in files in error, and since previous conviction affect the severity of sen- tence …… they must be strictly proved. Where they are not strictly proved, they cannot be taken into account in sentencing.” Sentence was reduced from 3 years and 30 strokes to 2 years and 24 strokes. 216. R. v. Teodosia s/o Alifa, District Court Crim. Case 252 Mbeya 67; -/-/67; In- spection Note by Saidi, J. The accused, young men of 18 and 19 years of age, one of whom was a stu- dent, were convicted on their own pleas of stealing certain properties of Frelimo, a political party. Neither had been convicted previously. Both were sentenced to one month’s imprisonment, and had already served their sentence at the time of the High Court judgment.
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