John Maduhu v. R. Crim. App. 881-M-68, 29/1/69, Mustafa J.

John Maduhu v. R. Crim. App. 881-M-68, 29/1/69, Mustafa J.

The three appellants were jointly convicted of stealing 25 span of telephone copper wire, the property of the East African Posts & Tele-communications Corporation and each was sentenced to 3 years imprisonment together with 24 strokes of corporal punishment. The trial magistrate was of the view that the provisions of the Minimum Sentences Act applied to the offence.

            Held: “As regards sentences, I am of the view that the trial magistrate was wrong to hold that the offence committed was within the provisions of the Minimum Sentences Act. The E. A. P. & T. Communications Corporation is not a body included the Schedule to Part I to the Minimum Sentences Act, and it cannot be said that it is part of the Tanzania Government. I will, therefore, set aside the sentence of corporal punishment imposed on the appellants and reduce the sentence of imprisonment from 3 to 2 years each.”