Shaban Ibrahim v. R. Crim. App. 338-D-69, 16/7/69, Biron Ag. C. J.

Shaban Ibrahim v. R. Crim. App. 338-D-69, 16/7/69, Biron Ag. C. J.

The appellant was convicted of stealing from the person and he was sentenced to imprisonment for eighteen months. Evidence was given by the complainant, a peasant, to the effect that he came into Iringa town one day with a couple of companions to do some shopping. At about non, when he and a companion were entering a tea-room in the market, two persons, one of them the appellant, who were standing near the door, one either side, jostled him, and as they were pressing against him, he felt a hand entering his pocket. When he looked down, he saw the appellant extracting his wallet. He immediately seized the appellant, who threw the wallet across to his companion, who made off with it. A crowd colleted and the appellant was taken to the police station and charged. In sentencing the appellant, the learned magistrate stated: - “Accused is a first offender. Yet pick-pocketing is on a mounting scale in Iringa. People are never safe with their money whenever they visit shops or Iringa market. Where a conviction is secured, it is considered some kind of severe punishment should be given. In my opinion, these offenders must be sent to goal for a long period – thus giving them the opportunity to learn some other job. Accused is sentenced to 18 months imprisonment.”

Held: “With respect, I fully agree with every word uttered by the learned magistrate, and would only add that this offence is not restricted to Iringa. Only a few days ago there was a similar appeal before me from a conviction by the Morogoro district Court, where the facts were very similar. This particular mode of operating by pick-pockets is not confined to this country, but follows a world-wide pattern. In this particular case, the offence is all the more reprehensible in having been perpetrated on an inoffensive peasant coming to town to do some shopping, only to be robbed by if I may be permitted a popular if inelegant expression, a couple of town spivs. The sentence is not a day too long and is, therefore, sustained.”