Mwizalubi Matisho v. R. Crim. App. 554-M-70; 11/8/70; Mnzavas, Ag. J.

Mwizalubi Matisho v. R. Crim. App. 554-M-70; 11/8/70; Mnzavas, Ag. J.

The accused was convicted of stealing bicycle c/s 265 of the Penal Code. He admitted to five previous convictions all of which were for dishonesty. In sentencing the accused the magistrate

‘There is little doubt that this accused does not benefit from the sentence he was previously served in prison ….I think that the concern at the moment is to protect the public …. A reasonably long prison sentence might be the solution’. He then sentenced him to 3 years imprisonment, and ordered that he be under police supervision for 12 months. On appeal to the High Court.

            Held: (1) “I fully agree with the learned resident magistrate that the appellant is unlikely to be reformed by prison sentence however stiff. However, reformation is not the sole object of punishment. The courts have a duty to protect the public from wicked people like the accused and with respect I echo the learned magistrate’s direction that the accused needs to be removed from circulation for a long time. In the circumstances, the sentence interfering with it.” Appeal dismissed.