Juma s/o Saidi v. R., Crim. App. 873-D-66, -/-/67, Saidi J.

 

Juma s/o Saidi v. R., Crim. App. 873-D-66, -/-/67, Saidi J.

Accused was convicted of attempted burglary, a scheduled offence under the Minimum Sentences Act. As he took nothing, and was a first offender, the question remained whether there were “special circumstances” so as to justify a sentence of less than two years imprisonment. At the time of sentencing the accused said, “I am a first (offender and I stole nothing. My aged parents are under me (dependent on me), and they will suffer a lot for my prolonged absence from home.”

            Held: “Although this not a very satisfactory statement of special circumstance, it would appear to me that what the appellant has stated…. Is sufficient ground to bring the case within the ambit of section 5(2) of the Minimum Sentences Act.” Sentence reduced to 12 months.