Rashidi s/o Ally v. R. Crim. App. 241-D-67, 9/6/67, Georges, C. J.

 

Rashidi s/o Ally v. R. Crim. App.  241-D-67, 9/6/67, Georges, C. J.

Accused was convicted of burglary. The only question on appeal involved consideration of

Accused ’s alleged criminal record for purposes of sentencing. Of four alleged convictions, accused denied three and, while admitting one, said it was for assault and not a theft offence. No corroborative proof of the convictions was put forth by the prosecution.

            Held: “When an accused person denies a conviction appearing on his record, it is necessary to call someone who was present at the conviction –preferably the police complainant ---- to prove the conviction. Entries may be made in files in error, and since previous conviction affect the severity of sentence …… they must be strictly proved. Where they are not strictly proved, they cannot be taken into account in sentencing.” Sentence was reduced from 3 years and 30 strokes to 2 years and 24 strokes.