Ngoliba s/o Soli v. R., Crim. App. 111-D-67; 14/4/67; Duff, J.

Ngoliba s/o Soli v. R., Crim. App. 111-D-67; 14/4/67; Duff, J.

Accused was convicted of attempting to bribe a magistrate who was trying him on a charge of theft of meat. The sum involved was Shs. 20/-. (Prevention of Corruption Ordinance, Cap. 400,s. 3(1).) Accused was sentenced under the Minimum Sentences Act to two years’ imprisonment and twenty-four strokes.

            Held: Because the accused, a first offender, had done nothing “very sinister which would justify a court in not invoking the provisions of section 5(2)” of the Minimum Sentences Act –the provision for leniency in “special circumstances” --- the Court set aside the magistrate’s sentence and substituted a sentence of six months. The Court  stated, and substituted a sentence of six months. The Court stated, “…….I cannot think that the rig ours of Cap. 526 were intended to a person such as the accused whose crime was silly in the extreme.”