Augustino s/o Mtega v. R., Crim. Rev. 38-D-70; 15/5/70; Hamlyn J.

Augustino s/o Mtega v. R., Crim. Rev. 38-D-70; 15/5/70; Hamlyn J.

The accused was convicted of two counts of burglary and two counts of stealing. He was sentenced under the provisions of the Minimum Sentences Act to two years and twenty – four strokes of corporal punishment on each of the burglary Counts and to lesser periods of imprisonment on the stealing Counts. It was ordered that all sentences run concurrently. On revision the High Court considered the proper mode of sentencing in such cases.

            Held: “The Court should not have imposed two sentences of corporal punishment in respect of the burglary sentences to be carried out “concurrently”. The proper mode of sentencing is to pass the statutory minimum sentence (including the twenty – four strokes of corporal punishment) for the first of the burglary counts and to pass sentence of twenty-four months imprisonment only (or any other period which the Court deems fit, not less that two years), in respect of the second burglary Count. All sentences of imprisonment may then be ordered to run concurrently.” Sentences so altered.