R. v. Muhona Crim. Rev. 78-M-71; 5/11/71; El-Kindy, J.

 R. v. Muhona Crim. Rev. 78-M-71; 5/11/71; El-Kindy, J.

The accused was convicted on his own plea of guilty of entering a dwelling house with intent to commit a felony and of stealing. On the latter count, it was established that the accused stole a radio from a Head-teacher of a Primary School. The radio was the property of Kasulu District Council and had been lent to the school by the Council. On these facts the trial magistrate imposed the Minimum Sentences or not the accused knew that the radio belonged to the Council.

            Held: (1) “The facts, as recorded, did not show that at the time of stealing the radio, the accused knew that the radio belonged to the District Council of Kasulu. This Court has already held in the case of Samson v. R (1967) H.C.D. No. 317 that such knowledge was necessary before the provisions of the Minimum Sentences Act, Cap. 526, can be brought into effect. Therefore on the facts, the learned magistrate erred in imposing a sentence of two years imprisonment.” (2) Term of imprisonment of 9 months substituted on the second count.