Sylvester R. Machusi v. R., Crim. App. 455-D-69, 10/9/69, Georges C. J.

Sylvester R. Machusi v. R., Crim. App. 455-D-69, 10/9/69, Georges C. J.

The appellant was convicted of stealing by servant c/ss 265 and 271, Penal Code. It was alleged that, while employed as Acting Senior Accountant by the East African Cargo Handling Services Ltd., he stole Shs. 867/50, the property of his employer. He was sentenced to 2 years imprisonment with 24 strokes, the magistrate considering that the offence fell under the Minimum Sentences Act.

Held: “I am of the view …… that the learned District Magistrate erred when he held that the offence fell under the schedule of the Minimum Sentences Act. There is no evidence that the property of the East African Cargo Handling Services Ltd. is the property of the Government of Tanzania, or for that matter of the East African Community. The company appears to be handling agents for the East African Harbours Corporation and nothing more. I have perused the Community Legislation setting up the Harbours Corporation and the Railways Corporation and they contain no mention of the East African Cargo Handling Services. An employee of this organization does not fall under the definition of person employed by the public service. The offence, therefore, does not fall under any of the heads set out in the schedule to the Minimum Sentences Act. The sentence of 2 years imprisonment and 24 strokes corporal punishment is, therefore, quashed. It is clear that the District Magistrate would have taken a sympathetic view of the offence had be not felt himself bound to impose the minimum sentence in this case. Accordingly I shall vary the sentence to one of 6 months imprisonment. The order for compensation favour of East African Cargo handling Services is affirmed.”