Pascal s/o Mtaka v. R., Crim. App. 424-D-69, 5/7/69, Hamlyn J.

Pascal s/o Mtaka v. R., Crim. App. 424-D-69, 5/7/69, Hamlyn J.

            The appellant was convicted of stealing from the person of another, contrary to section 265 and 269 (a) of the Penal Code, and was sentenced to twelve months imprisonment. The accused put his hand into the pocket of the complainant and withdrew a handkerchief containing 90 cents.

Held: “Insofar as sentence is concerned, while the amount stolen was only 90 cents, I do not think that that need necessarily result in a light punishment. The appellant doubtless sought to steal what luck would provide; in the present case, the complainant had only 90 cents in the pocket into which the accused plunged his hand, and it might well have been far more. The appellant has previous convictions – one of which is also for a similar offence. While the sentence of twelve months imprisonment is perhaps on the light side for an offence which it is often very difficult to bring home to the offender, the punishment is not so manifestly inadequate as to warrant interference by this Court.” Appeal dismissed.