R. v. Rajabu s/o Juma, Crim. Rev. 120-D-69, -/10/69, Mustafa J.

R. v. Rajabu s/o Juma, Crim. Rev. 120-D-69, -/10/69, Mustafa J.

            Accused was convicted of stealing by servant in that he, being a ticket seller, stole Shs. 453/-, the property of the Tanzania State Lottery. In sentencing, the magistrate did not apply the minimum Sentences Act.

Held: “Learned State Attorney has argued that in fact the sentence must be enhanced as the Tanzania State Lottery functions as a branch of the Treasury, which is a government department. She argues that the appellant has stolen Shs. 453/- of Government money and therefore the provisions of the Minimum Sentence Act apply. I agree that the money stolen would be government money. The State Lotteries are established by Government Lotteries Act, Cap. 576. Section 8 of Cap. 576 establish a Government Lottary Fund which constitutes a fund to which section 7 of the Exchequer and Audit Ordinance, Cap. 439, is applicable.” Sentence enhanced to 2 years and 24 strokes in accordance with the Minimum Sentences Act.