R. v. Masanja Zengo, Crim Rev. 24-M-67, 22/5/67, Mustafa, J

R. v. Masanja Zengo, Crim Rev. 24-M-67, 22/5/67, Mustafa, J.

Accused was convicted of breaking into a school building with intent to steal, contrary to section 297 of the Penal Code. The trial magistrate found that breaking into a school was a scheduled offence under the Minimum Sentences Act, whereupon he sentenced accused to two years and twenty-four strokes.

            Held: “(A)n  offence contrary to section 297 of the Penal Code is not within the mischief of the Minimum Sentence Act. In the circumstances, I set aside the sentence of corporal punishment. In the result, the accused will serve only two years imprisonment.”