R. v. John Muselema, Crim. Rev. 49-D-67; 5/5/67; Duff, J.

R. v. John Muselema, Crim. Rev. 49-D-67; 5/5/67; Duff, J.

Accused was convicted of being in possession of property suspected to have been stolen or unlawfully obtained. (P. C. s. 312). He received a sentence of two years. Accused was said to have six previous convictions. He denied them, and the magistrate proceeded, “without further ado, to take them into consideration in assessing the punishment.”

            Held: (1) “It appears that only two (of the convictions were relevant.” (2) “(T) he magistrate should have adverted to the provisions of section 143 of the Criminal Procedure Code before holding that the convictions were relevant (3) “In these circumstances I must hold that the previous convictions were not proved, and the accused must be treated convictions were not proved, and the accused must be treated as a first offender,” Sentence reduced to six months.