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R. v. Mgomba s/o Makunya,(PC) Crim. Rev. 2-D-67, 11/4/67; Saidi, J
Accused killed a goat but fled without moving the care as when an alarm was raised. On these facts he was convicted of cattle theft, and sentenced to three years’ imprisonment plus twenty four strokes.
Held: (1) Since there was no asportation proved (or alleged), the conviction was improper, (2) A conviction of willfully and unlawfully killing an animal contrary to section 325 of the Penal Code was substituted, and sentence was lowered to three months imprisonment.
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