Daniel s/o Stephen v. R., Crim. App. 583-M-67, 27/9/67, Cross J.

Daniel s/o Stephen v. R., Crim. App. 583-M-67, 27/9/67, Cross J.

On 8^th February, 1966, accused were convicted of house breaking and stealing. That conviction was quashed on appeal, but upon retrial appellants were again convicted. They were sentenced to two years and 24 strokes, to commence on the date of the second conviction, 30^th May 1967.

            Held: (1) Crim. Proc. Code. s. 295 provides, inter alia “Every sentence shall be deemed to commence from and to include the whole of the day of the date on which it was pronounced.” This section precludes commencement of the sentence before 30^th May 1967, even though this will result in the appellants serving nearly 3.5 years in prison. (2) Since the offence involved comes under the Minimum Sentences Act, and the sentence imposed was the minimum permitted by that Act, the High Court could not give credit for the time already served by reducing the sentence proper.