Makunya s/o Mjarangi v.R. Crim. App/ 480-M-66; 8/3/67; Platt, J.

Makunya s/o Mjarangi v.R. Crim. App/ 480-M-66; 8/3/67; Platt, J.

Accused pleaded guilty to possession of bhang. In mitigation, he stated that he had formed the habit of smoking bhang when he was a child, and was unable to stop. The magistrate sentenced him to twelve months’ imprisonment, feeling that accused needed a sufficiently long period away from the drug to enable him to break his habit. When the appeal was heard, accused had completed his sentence, and no action could be taken.

            The Court stated, obiter; The trial court’s hope was perhaps “too pious,” a shorter sentence should be imposed in such circumstances in the future.