Kamuanda v. R., Crim. App. 471-m-70,6/11/70,El-kindy Ag. J.

 

Kamuanda v. R., Crim. App. 471-m-70,6/11/70,El-kindy Ag. J.

The appellant, the secretary of the Ngoma Growers co-operative society, was convicted on two counts of staling by a person employed in the public service c/s 270 and 265 of the penal code and forgery c/s 333 and 337of the penal code. Both counts were based on one transaction. He was sentenced to two years on the first count and twelve months on the second, the sentence to run consecutively. In addition he was ordered to suffer twenty-four strokes of corporal punishment.

Held: (1) “I agree that there was no evidence to show that this society was a registered one and therefore the provisions of the Minimum Sentences Act do not apply.” (2) Following MANGISTO v. R. (1967) H. C. D. No. 154 “I cannot see any justification for making the sentences run consecutively. I therefore quash and set aside the sentence on count one and substitute therefore a sentence of eighteen months without strokes. The sentence on count two is adequate but is made concurrent with the sentence of eighteen months.”