Fabian Maganga v. R. Crim. App. 545-M-67, 8/9/67, Mustafa J.

Fabian Maganga v. R. Crim. App. 545-M-67, 8/9/67, Mustafa J.

Accused was convicted of stealing by public servant. The single count charged that he stole Shs. 100/- However, the evidence showed that on three separate occasions he had stolen sums of Shs. 20/- Shs. 40/- and Shs. 40/- respectively. The trial magistrate had stated that if accused had been charged in three separate counts, “probably the sentence might have been different.”

            Held: (1) These were three separate and distinct thefts and should have been charged in three separate counts. (2) Had he been charged in three counts, “it was likely he would not have been deprived of the special circumstances provisions of Section 5 (2) of the Minimum Sentences Act.” Therefore he was prejudiced by being charged in one count with an amount which made him ineligible for such a reduction in sentence. Conviction quashed.