R. v. Hemed Crim. Rev. 47-A-71; 17/12/71; Kwikima J.

 

R. v. Hemed Crim. Rev. 47-A-71; 17/12/71; Kwikima J.

The accused was convicted of stealing c/s 265 P.C.) Two books containing State Lottery tickets, the property of the Government of the United Republic. He was sentenced to two years imprisonment and 24 strokes. The was sentenced to two years imprisonment and 24 strokes. The issues raised on appeal were (1) Whether theft from the State Lottery was theft from the government; and (2) whether the appellant could have benefited under s. 5(2) Cap. 526 (the Minimum Sentences Act) because of his age and other factors.

            Held: (1) [s]uch theft is indeed theft from the Government of the United Republic of Tanzania, following the ruling in R. v. Rajabu Juma 1969 H.C.D. 304.” (2)[T}he trial court accept the age of the appellant [a first offender], to be 19. The monetary value of the stolen property was Shs. 42/- only. These factors were sufficient to cause an inquiry to be made as to whether there were any special circumstances. The learned trial magistrate did not find any. The learned State Attorney supported this view. With the greatest respect, it should be pointed out that the courts are anxious that youthful offender should not be kept in jail too long lest they should be contaminated by older and hardened criminals. There is always a chance to

Reform a young offender …… In Yusufu Mauruti v. R. (1967) H.C.D. No. 419, to name one among many authorities, youth was held to be a special circumstance.” (3)”There was another circumstance which was special in this case: the accused did not gain anything from his crime. No material loss was occasioned to the complainant. In R v. Magusha Masunga, High Court Bulletin No. 250, it was held to be a special circumstance that a watch worth 50/- was recovered from the accused who had burgled into a house to steal it. The facts of that case are not entirely dissimilar to those in the present case.” (4) Accused sentence reduced in facilitate his immediate release.