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Ali Said Shirazi v. R., Crim. App. 162-Z-67, 29/5/68, Kimicha Ag. C. J.
The accused, a first offender, was convicted of stealing agricultural produce c/s 248(3) of the Penal Decree, as amended by Presidential Decree No. 18 of 1966. in addition to a sentence of 2 months’ imprisonment and 24 strokes, the accused was ordered to police supervision for 2 months upon his release from prison.
Held: A person may be subject to a police supervision order only if (a) he is convicted of an offence punishable with imprisonment for a term of 2 years or more, and (b) he had been convicted on at least three previous occasions of offences punishable with such a sentence, and was, on at least two of these occasions, sentenced to imprisonment. The accused being a first offender here, he could not be subjected to a police supervision order. Order set aside.
(Editors’ note: The decision in R. v. Alli Iddi alias Haji Ali Iddi alias Katuni, Crim. Rev. 34-Z-66, 24/11/66, Kimicha Ag. C. J. is in accord. That case involved the conviction of a first offender for housebreaking and stealing c/ss 248(1) and 267(1) (a) of the Penal Decree).
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