R. v. Temaeli Nalompa _ Crim. Rev. 78-D-71; 21/9/71; Mwakasendo Ag. J.

R. v. Temaeli Nalompa _ Crim. Rev. 78-D-71; 21/9/71; Mwakasendo Ag. J.

            The accused was convicted on two counts of (a) practicing medicine without a licence c/s 36 (1) (b) of Cap. 409 and (b) being in unlawful possession of Government stores c/s 312A (1) of the Penal Code. he was sentenced to a fine of 200/- Shs. Or 4 months imprisonment in default.

                        Held: (1) “The Sub-section under which the accused was charged deals with the forfeiture of drugs and to with the practice of medicine without a licence. However ………… it is clear that this irregularity occasioned no miscarriage of justice. The particulars were so explicit as to leave the accused in no doubt as to the kind of offence he was required to answer.” (2) “It is improper for a magistrate to impose one omnibus sentence where an accused person is convicted of two or more offences. There must be a separate seek for each distinct offence proved. (3) “The complainants had complained to the Police that the accused had given them penicillin injections and ………. The medical certificates show clearly that each suffered what can be described as actual bodily harm …… the contravention of

            Section 36 is punishable by a fine not exceeding Shs. 10,000/- or a term of 5 years imprisonment or both such fine and imprisonment.” (4) “The magistrate in his judgment has most appropriately observed that these offences are rife in the district and therefore in his view deterrent sentences were called for.” (5) “On the first count I sentence accused to 12 months imprisonment, on the second count I sentenced him to 12 months imprisonment, both sentences to run concurrently.”