Augaburg Pennyll Lekajo v. R., Crim, App. 353-M-67; 14/7/67; Cross, J.

 

Augaburg Pennyll Lekajo v. R., Crim, App. 353-M-67; 14/7/67; Cross, J.

Accused, a clerk employed in the Posts & Telecommunication Administration of the East African Common Services Organisation, was convicted of theft by servant under section 271 and 265 of the Penal Code. However, he was sentenced to the term prescribed by section 270 of the Penal Code, which deals with theft by public servant.

            Held: (1) Accused was a person in the public service as defined by section 5 of the Penal Code. He is, therefore, liable to the sentences provided by Minimum Sentences Act, 1963. Citing R. v. Sefu Salim @ Ngomba, Crim. Rev. 72 of 1965; Crim. App. 331 of 1962. (2) The substantive offence of stealing is created by section 265 of the Penal Code. Sections 270 and 271 merely indicate circumstances of aggravation for which special penalties are provided. Therefore, the irregularity in sentencing is curable on appeal. A conviction under section 270 and 265 was substituted for the conviction under section 271 and 265, and the sentence was confirmed.