Pili d/o Kafiti v. R., Crim. App. 835-M-68, 14/2/69, Bramble J.

Pili d/o Kafiti v. R., Crim. App. 835-M-68, 14/2/69, Bramble J.

The appellant in this case was convicted on a charge of child stealing c/s 169 of the Penal Code and sentenced to 3 years imprisonment. She was a married woman and did not have any children. She had several abortions and at this time she had just had one at the hospital and it would appear that through a craving for children and the desire to satisfy her husband she stole the child. She took it to her husband as though it was her child and there was a great celebration.

Held: “While the offence charged is a serious one, I think one ought to have examined the psychological background of this case before passing sentence. I consider the sentence of 3 years imprisonment excessive. The appeal is therefore allowed and the sentence is reduced to such term as would ensure the immediate release of the appellant.”