Celestin Alei Mzigo v. R. Crim. App. 101-D-67; 13/4/67; Biron, J.

Celestin Alei Mzigo v. R. Crim. App. 101-D-67; 13/4/67; Biron, J.

Accused was convicted of corruption, having promised a bribe of Shs. 100/- and having offered a bribe of Shs. 40/- to  a police officer as inducements to drop charges that accused was facing. Section 5(2) of the Minimum Sentences Act allows the imposition of a sentence less than the prescribed minimum, where (a) the accused is a first offender, (b) the sum involved is not more than Shs. 100/- and (c) there are “special circumstances” justifying such action. The magistrate found no such “special circumstances”, and imposed a sentence of two years’ imprisonment and twenty – four strokes.

            Held: The sentence was affirmed. The Court stated, “The learned magistrate had an unfettered. Discretion in the matter and no objection can be taken to the exercise of his discretion, nor can it be criticized.”