R.v. Magagania s/o Tunda, Crim. Rev. 17-A-67; 15/6/67; Platt, J.

R.v. Magagania s/o Tunda, Crim. Rev. 17-A-67; 15/6/67; Platt, J.

Accused was convicted of arson, for which he was sentenced to 15 months imprisonment. In addition, he was ordered “…..to pay compensation of Shs. 356/- to (complainant) or 4 months imprisonment in default of sufficient distress.”

            Held: The order for 4 months imprisonment in default of sufficient distress was quashed. If an attempt at distress is made (see Crim. Proc. Code ss. 176, 177, 296, 299, 300) and it fails, a person may be committed to prison in lieu of distress In the procedure adopted here by the trial court, however, there is always a danger that if such them of imprisonment in default of distress is entered on the original commitment warrant, it may result in an additional term of imprisonment being automatically carried on to the accused ’s sentence without any attempt at distress being made. Citing Crim. Rev. 26-D-63, per Biron, J.