Amosi s/o Marwa v. R., Crim. App. 549-M-67, 15/9/67, Cross J.

Amosi s/o Marwa v. R., Crim. App. 549-M-67, 15/9/67, Cross J.

Accused was convicted of stealing Shs. 2,386/- from the Tarime Wakulama Co-operative Union, and sentenced to 2 years imprisonment and 24 strokes. There was no evidence proffered as to whether this organization was a registered co-operative society.

            Held: (1) The Minimum Sentences Act does not apply to unregistered co-operative societies. (2) “The penal provisions of the Minimum Sentences Act must  be strictly construed and in the absence of evidence that the theft was from a registered co- operation society, the provisions of the Act cannot be held to apply. Sentence reduced to 18 months, no strokes, (3) Since the offence does not come within the terms of the Act, the magistrate could not make a compensation order in excess of Shs. 2, 000/-. Order that accused should pay Shs. 2,368/- reduced to Shs.