Ambindwile Kibona v. R., Crim. App. 536-D-69, 17/9/69, Hamlyn J.

Ambindwile Kibona v. R., Crim. App. 536-D-69, 17/9/69, Hamlyn J.

The accused was convicted of failing to pay the penalty fined on forfeiture of a recognizance, c, s 131 (4) Criminal Procedure Code, and was sentenced to six months imprisonment.

Held: “The imprisonment ordered by the court appears to be heavy in default of the payment of Shs. 50/- Mr. Chandoo suggests that the wording of section 131 (4) “shall be liable” may denote that only six months imprisonment can be ordered by the court and no less for the default. He points out that for offences under the Penal Code, the wording “is liable” is used and this may permit of lesser sentences being passed. I think, with respect, that this is really a distinction without a difference and that a court is empowered by the section to pass a sentence of imprisonment “up to “six months. Holding this, I allow the appeal to the extent of reducing sentence from six months to three months imprisonment.”