Desai v. R. Crim. App. 48-D-71; 19/3/71; Saidi J.

Desai v. R. Crim. App. 48-D-71; 19/3/71; Saidi J.

The appellant was charged with (1) Conveying property suspected to have been stolen or unlawfully obtained c/s 312 of the Penal Code and (2) Corruption c/s 3(2) of the Prevention of Corruption Ordinance. In answer to the charges the appellant said “I bought the 10 packets from the sop.” And “It is true I corruptly gave Shs. 40/- to A. 5059 Sgt. Samson as alleged.” This was entered as a plea of not guilty to the 1^st count and guilty to the 2^nd count. The prosecutor then withdrew the first count with leave of the court and the appellant is then recorded as saying “I still plead guilty to the second count.” Outlining the facts the prosecutor stated that the appellant had been arrested at about 1 o’clock in the morning driving his car from the Port Area and was found to have 10 pkts. Of Benson & Hedges in the car. On the way to the Police Station he corruptly gave the Sgt. who arrested him Shs. 40/- in Tanzania Currency not to prosecute him. The appellant is

recorded as saying “the facts are correct are correct.” The appellant was sentenced to 2 years and 24 strokes under the Minimum Sentences Act.

            Held: “It does not appear to me that the appellant could have been misled by the particulars of the charges when they were read over to him. He is an educated person working as a clerk in Dar es Salaam city. The particulars themselves are written in simple language. The facts were clearly stated ………….. as to the plea, he stated twice before the court that he pleaded guilty. I am satisfied that his conviction is proper.” (2) “For the appellant to avail himself of he privileges provides by subsection (2) of  section 5 of the Minimum Sentences Act, he must be a firs offender, the amount of the bribe must be less that 100/- and he must show special circumstances. So far no special circumstances have been shown in his favour.” (3) Sentence affirmed; Appeal dismissed.