R. v. Ndengela Crim. Rev. –D-71; 30/4/71; Biron J.

 

R. v. Ndengela Crim. Rev. –D-71; 30/4/71; Biron J.

            The accused was convicted of burglary and stealing. Finding that the accused was fifteen years of age, the magistrate sentenced him to 12 strokes of corporal punishment and ordered him to pay compensation of Shs. 2.514/50

                        Held: (1) The order that the accused was to pay compensation was ultra vires. Compensation in respect of convicted juveniles “is governed by the Children and Young Persons Ordinance (Cap. 13 – Sup. 64), where at section 21 it is laid down: “21.- (1) Where a child or young person is convicted of any offence for the commission of which a fine, compensation or costs may be imposed, and the court is of opinion that the case would be best met by the imposition of a fine, compensation or costs, whether with or without any other punishment, the court may in any case, and shall if the offender is a child, order that the fine, compensation or costs awarded be paid by the parent or guardian of the child or young person instead of by the child or young person, unless the court is satisfied that the parent or guardian cannot be found or that the has not conduct to the commission of the offence by neglecting to exercise due care of the child or young person. (2) An order under this section may be made against a parent or guardian who, having been required to attend, has failed to do so, but no such order shall be made without giving the parent or guardian an opportunity of being heard. (3) Any sum imposed or ordered to be paid by a parent or guardian under this section may be recovered from him by distress or imprisonment in like manner as if the order had been made on the conviction of the parent or guardian of the offence with which the child or young person was charged. (4) A parent or guardian may appeal against an order under this section.” (2) Order of compensation set aside.