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Martin s/o Mwiyula v. R. Crim App. 286-D-67; 22/5/67; Hamlyn, J.



Martin s/o Mwiyula v. R. Crim App. 286-D-67; 22/5/67; Hamlyn, J.

Accused was convicted of burglary and attempted defilement of a girl under twelve years of age (P.C .ss. 294(1), 136 (2)), upon evidence that he had broken into a house and attempted the defilement.

            Held: As the attempted defilement was the outcome of the breaking and entering, the sentences on the two violations should run concurrently and not consecutively as the trial court ordered.

 

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