R. v. Amina @ Mohabe d/o Nyanguru, Crim. Case 30-Tarime-72, 10/6/72, Kisanga, J.

 

R. v. Amina @ Mohabe d/o Nyanguru, Crim. Case 30-Tarime-72, 10/6/72, Kisanga, J.

The accused was convicted of robbery with violence and sentenced to 7 years’ imprisonment under s. 5(b), Minimum Sentences Act, 1972. Unsure as to the propriety of the sentence, the magistrate referred the record to the High Court for opinion as to whether sub-sections 5(b) and 5(c) of the Minimum Sentences Act are dependent on sub-section 5(a).

            Held: “Sub-section 5(a) means that where a person is convicted of a scheduled offence and has a previous conviction of the nature as described by that subsection, then in passing sentence the court must disregard the minima prescribed for various offences in section 4 and impose a minimum sentence of 5 years’ imprisonment. Similarly subsection 5(b) means that upon a conviction for robbery the court must disregard the minima prescribed for the various offences in section 4 and impose a minimum sentence of 7 years imprisonment; and likewise subsection 5(c) means that upon a conviction for cattle theft the court must impose a minimum sentence of 5 years imprisonment. It seems clear to me that each of these there subsections (a), (b), and (c) is to be read independently  of each other, and there is nothing to suggest that subsection (b) and (c) should be read in conjunction with subsection (a).  In other words upon a conviction for robbery the court must impose a minimum sentence of 7 years in any event, and it is immaterial whether or not the prisoner has a past record.”