Haji bin Khamis v. R., Crim. App. 245-Z-66, 10/3/67, Kimicha Ag. C. J.

Haji bin Khamis v. R., Crim. App. 245-Z-66, 10/3/67, Kimicha Ag. C. J.

The accused was convicted of stealing c/s 248(1) of the Penal Decree, on 28 October 1966. He was sentenced to 12 months’ imprisonment and 24 strokes, which at that time was the minimum permissible sentence for that offence. By Presidential Decree No. 18 of 1966, the minimum sentence for the offence here involved (as well as others) was reduced to 2 months and 24 strokes. Thereafter this case came on appeal to the High Court against conviction and sentence. The appeal against the conviction was dismissed as being without merit.

Held: had the accused’s case come up for trial a few weeks later, he would have been subject to only 2 months’ imprisonment instead of 12. “I am also a fact that many prisoners who were sentenced under the unamended minimum sentence were released by the 1^st Vice-President in the exercise of his prerogative of mercy.” In view of these considerations, “it is in the interests of justice that the (accused’s) sentence be reduced to the present minimum sentence.” Sentence reduced to 2 months’ imprisonment and 24 strokes.

(Editors’ note: The decision in Haji bin Khamis v. R., Crim. App. 269-Z-66, 31/12/66, Kimicha Ag. C. J.,

Is in accord with the decision summarized above. The texts of these cases make it clear that they involve different offences, and in all likelihood different accused, the name is not an uncommon one, and the offences involved were committed in Zanzibar town and in Wete, Pemba, respectively).