Issa v. R. Crim. App. 201-D-70; 27/4/71; Onyiuke J.

Issa v. R. Crim. App. 201-D-70; 27/4/71; Onyiuke J.

The appellant was charged with one Marko Assenge with stealing certain items belonging to their employer, Mtwara Textile Industries Co. He was convicted and sentenced under the Minimum Sentences Act to 2 years imprisonment and 24 strokes corporal punishment. There was ample evidence to warrant the conviction and the only issue was whether or not the learned magistrate was right in assuming that the offence came under the Minimum Sentences Act. There was no evidence as to the status of this company or its connection with he Government but a further research it was established that it was a private company.

Held: (1) “Proof of this (i. e. whether the offence falls within the ambit of the Minimum Sentences Act) must be given unless the matter is to be judicially noticed under s. 59(1) of the Evidence Act.” (2) “The learned magistrate was wrong to treat the offence as a scheduled offence under the Minimum Sentence Act.” (3) Appeal against conviction dismissed. Sentence is altered to 12 months imprisonment.”