410 yusufu mauruti v r pc crim app 742 m 67 cross j

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410. Yusufu Mauruti v. R., (PC) Crim. App. 742-M-67, Cross J. Accused were convicted of house breaking, and sentenced under the Minimum Sentences Act. Their appeal is against sentence only. Both accused, aged 17, were first offenders; they were apprehended before they could actually steal any- thing. The trial court could not find any special circumstances, so a sentence of 2 years and 24 strokes was imposed. Held: The fact that appellants were only 17 years of age is by itself a spe- cial circumstance. Sentence reduced to 10 strokes, no imprisonment. 411. R. v. Ugweisa Mwasokwa , Crim. Rev. 8-D-67, 10/9/67, Saidi J. Accused was convicted of contempt of court. In addition to a jail sentence, he was ordered to pay Shs. 200/- as his maintenance allowance while in prison. Held: The order to pay Shs. 200/- was illegal. A person convicted of a criminal offence is not required to pay for his maintenance in jail.
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412. Mussa s/o Saidi v. R., Crim. App. 672-D-67, 4/10/67, Biron J Accused was convicted of six counts of housebreaking and stealing, for which he received a sentence of 2 years and 24 strokes on each count, sentence to run concurrently, under the Minimum Sentences Act. Accused had 10 previous con- victions of a similar nature, the most recent of which was in 1960. Held : Although accused had “gone straight” for several years, it is clear that he has now reverted to his previous criminal mode of life. Sentence en- hanced to 3.5 years on each count, sentence to be served concurrently. 413. R. v. Patrice Matata, Crim. Rev. 42-A-67; 16/9/67, Platt J. In a previous action accused was sentence to five strokes of corporal punishment and placed on probation for 12 months. In the present action he was charged with failing to comply with the probation order. Held: The purpose of probation is to release the prisoner without punish- ment where the court regards it expedient to do so taking into account the cir- cumstances of the case and character of the accused. It is improper to impose a sentence in addition to an order of probation. The corporal punishment having been executed, the probation order was set aside, the present proceedings quashed and accused ordered to be set at liberty. (1967) H.C.D. - 121 – 414. Issa s/o Mwandachi v. R. , Crim. App. 670-D-67, 27/10/67, Saidi J Accused was convicted of one count of burglary and one of stealing. There was evidence that he was seen inside a house and apprehended as he tried to flee. Shs. 10/- worth of groundnuts were found wrapped in some clothes somewhere in the house and it was found that he had stolen them. He was sentenced to the prescribed term under the Minimum Sentences Act. Held: (1) There was no evidence that the bundles of groundnuts had been moved from one place to another by accused, and the charge of stealing was
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thus unsupported by the evidence. (2) Accused is a first offender and the trial court erred in failing to permit him to show special circumstances which would entitle him to a reduction in sentence under section 5(2) of the Minimum Sen- tences Act. Case remanded and direction given that accused be recalled to state such special circumstances.
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