Rashid Hamisi v. R. Crim. App. 306-D-71; 11/8/71; Mwakasendo Ag. J.

Rashid Hamisi v. R. Crim. App. 306-D-71; 11/8/71; Mwakasendo Ag. J.

The Appellant was convicted of breaking into a building and committing a felony their c/s 296(1) of the Penal Code. He was sentenced to 2 years imprisonment and 24 strokes of corporal punishment. The appellant was recorded as saying in mitigation that he was a schoolboy of Mahiwa College, Mtwara. The value of the property stolen was less than 100/- and the appellant was a first offender aged 17 years.

            Held: (1) “In my judgment the fact that one is a school boy pursuing a full time course of instruction at recognized institution may be a special circumstance which relates to the person who committed [the offence] and I so hold ……… the appellant’s case falls equarely within the ambit of section 5(2) of the Minimum Sentences act 1963”. (2) Sentence imposed by the trial court quashed, and a sentence of 10 strokes of corporal punishment substituted therefore.