Godfrey Peter Jailos v. R. Crim. App. 143-D-71; 1/10/71; Mwakasendo Ag. J.

Godfrey Peter Jailos v. R. Crim. App. 143-D-71; 1/10/71; Mwakasendo Ag. J.

The appellant was convicted on two separate indictments of stealing by public servant. The amounts involved were 10/= and 22/85 respectively. There were no special circumstances. He was sentence to 2 years imprisonment and 24 strokes of corporal punishment in each case and the Court ordered that the sentences should be consecutive.

Held: “The offences in the two cases were committed about the same time and they are of the same or similar character, and should have properly been tried under one indictment. The fact that the police chose to do otherwise should to be allowed to prejudice the appellant. In any case I am satisfied that a sentence of 4 year imprisonment, which it would be if the two terms are made to run consecutively, would be manifestly excessive for the theft of Shs. 32/85. I would accordingly quash and set aside the order of corporal punishment made in respect of [the second] case and direct that the sentences in both cases are to run concurrently.”