Appropriate for offences of theft and false

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Appropriate for offences of theft and false accounting where amount is small and accused first offender. 1967/403. Inappropriate for separate transactions on consecutive days 1968/331. May be ordered for separate convictions on same day for related offences. 1967/405. Orders for corporal punishment cannot be concurrent. 1968/63; 1968/64. Sentences can be ordered to run concurrently with previous sentence as from date imposed. 1968/510. Sentences for conviction in separate primary court trials must run conse- cutively. 1967/102. Sentences presumed to run consecutively unless otherwise ordered. 1968/63. Conditional discharge – Where appropriate. 1968/238. Corporal punishment Age of accused – Accused should receive benefit of doubt about age. 1967/450. CIX CRIMINAL SENTENCE (Continued) Corporal punishment – Finding essential. 1967/33. Medical evidence as to age required where accused on borderline. 1967/209; 1967/269.
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Cannot be imposed on juvenile in addition to other form of punishment such as approved school order. 1967/24. Inappropriate for attempted suicide. 1968/479. May be imposed for assault only in aggravated cases. 1967/402; 1968/191; 1968/319; 1968/471. May not be imposed for causing grievous harm. 1967/401. May not be imposed on juvenile in addition to repatriation order. 1968/306. Only one order imposable in single trial. 1968/64; 1967/265. Orders in separate trials cannot be concurrent. 1968/63. When imposable on adults. 1968/470. Distress – Improper where appeal is pending. 1968/192. Order for imprisonment in default of distress improper before attempt at distress made. 1967/261. Domestic offences – Principles relating to. 1967/208; 1967266; 1968/65; 1968/105. Fine – Appropriate as substitute for short prison term. 1967/362. Appropriate for minor case of manslaughter. 1967/136. Desirable to inquire into financial means of accused. 1967/139; 1968/227. Employment Ordinance – Failure to keep records of oral contracts – Fines excessive. 1967/138. Fauna Conservation Ordinance – Government trophy – Amount of fine proportionate to value of property. 1967/336. Fauna Conservation Ordinance – More appropriate than imprisonment. 1968/472 Inappropriate for witchcraft. 1967/110 Maximum term of imprisonment in default six months. 1967/210; 1967/139. May not be suspended. 1967/217 Must be cumulative – Cannot be concurrent . 1967/140. Must bear reasonable relation to accused ’s power to pay. 1967/210; 1967/451; 1968/192; 1968/371.
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Road traffic – Carrying passengers without licence – Fine of thirty-five shil- lings inadequate. 1967/105. Road traffic – Primary duty for obtaining vehicle licence rests with owner not driver-Driver should not be fined heavily. 1967/20. Sentence of less than Shs. 100/- Not appeal able to High Court without leave. 1967/240. Should not exceed one-third of accused ’s monthly income 1967/451. CX CRIMINAL SENTENCE (Cont’d) Fine – Terms of imprisonment in default of fines cannot be concurrent . 1967/140; 1967/141; 1968/66; 1968/232. Forfeiture – Agricultural Products (Control and Marketing) Act – Unlawful buy- ing of products – Order of forfeiture improper. 1968/30. 1968/31; 1968/314.
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  • Fall '17
  • Dean Majamba

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