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R.v.Abala. Crim. Rev. 7-A-67; 10/2/67; Bannerman, J.
Accused was convicted of shop breaking and stealing (P. C. 296 (1) and of possessing tools suitable for shop breaking with intent to commit a felony (P. C. s. 298 (b) ). Compensation was awarded under Minimum Sentences Act, Cap. 526, s.6, which authorizes compensation “equal to the value of the property as assessed by the court”
Held: (1) The power to order full compensation under section 6 of the Minimum Sentences act is not limited by Criminal Procedure Code section 176 which otherwise limits compensation awarded by “any court” to Shs. 2,000/- (2) Tools suitable for shop breaking should not be returned to an accused convicted in the same proceeding of shop breaking.
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