Michael Y. Nungzama v. R., Crim. App. 704-D-66; 5/1/67; Biron, J.

Michael Y. Nungzama v. R., Crim. App. 704-D-66; 5/1/67; Biron, J.

Accused was convicted of theft (P. C. ss. 271 and 285. The minimum sentence prescribed by law was imposed. The accused claimed that the time which he spent in custody prior to sentencing should be credited against the sentence.

            Held: Such credit is precluded by Criminal Procedure Code section 295 which provides, “Every sentence shall be deemed to commence from and to include the whole of the day on which it was pronounced except where otherwise provided in this Code or the Penal Code”. Quaere whether such credit would be permitted if more than the minimum sentence were imposed.