Siara s/o Michael v. R. Crim. App. 17-a-71; 24/3/71; Kwikima Ag. J.

Siara s/o Michael v. R. Crim. App. 17-a-71; 24/3/71; Kwikima Ag. J.

The appellant was convicted of the unlawful possession of moshi c/s 30 of Moshi (Manufacture and Distillation) Act, 62/66 and sentenced to 18 months imprisonment.

Held (1) “This clearly a statutory offence for which both fine and imprisonment are explicitly mentioned as methods of punishment. It was held in Bakari Hamisi v. R. (1969) H. C. D. No. 311 that when the legislature envisaged that a fine should be the principal mode of punishment, imprisonment should not normally be awarded. (2) “I will concede that prison sentences for unlawful possession of moshi are not unheard of. In Hadija Omari v. R. (1970) H. C. D. the appellant was sentenced to six months imprisonment as shock-treatment because ……… she was obviously a distributor. Such is hardly the case here.” (3) Appellant awarded “such sentence as will result in his immediate release.”