R. v. Musa Crim. Rev. 86-M-71;4/3/72; Makame, J.

 

R. v. Musa Crim. Rev. 86-M-71;4/3/72; Makame, J.

The accused was convicted of stealing from the person of another and for escaping from lawful custody. For both offences he was sentenced to 12 months and 6 months imprisonment respectively to run consecutively. The complainant was watching a lion at the Festival Ground, Mwanza Old Airport, during Sabasaba last year and there were several people standing in front of him. The only person behind him was the accused and when the complainant sensed that his wallet containing 120/= had been removed from his pocket he caught hold of the accused. Under the accused’s foot was found the money, partially buried in the sand, and this is supported by the evidence of PW.3 the Games Student in attendance at the stall. On the second count the accused was silent when faced with the allegation that on the 9^th of July 1971, while he was waiting to be escorted to Court from the Kirumba Police Station, he escapes from the lawful custody of the police. The case was admitted in revision for consideration as to whether there is any standard punishment set down for the offence of stealing from the person of another.

            Held: (1) “The trial magistrate might have felt that 12 months for stealing from the person of another was appropriate in the present case but, with respect, there is not standard punishment as such. The particular circumstances of each case must be taken into consideration when assessing sentence. A substantive term of 18 moths for the two offences may be harsh but it is not manifestly excessive as to warrant interference by this court.” (2) “Accordingly the sentences are confirmed.” (3) “For some reason not apparent on the record no order was made that the Shs. 120/= should be given back to Mr. Patel the complainant. This is most irregular. The proper procedures is to make the order and then wait until the appeal, if any, is head, or if no appeal is filed, wait until the time allowed for appeal has expired, and then act accordingly. I order that the money should now be given back to Mr. Patel and I direct that this Court should be duly informed when the order is complied with.”