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Mandawa Koshona v. R., Crim. App. 562-D-67, 20/9/67, Georges C. J.
Accused were convicted of cattle theft. Because both accused were first offenders and the goat they stole was worth only Shs. 60/-, the magistrate issued a sentence less that the 3 year and 24 strokes minimum required by the Act.
Held: Section 5 of the Minimum Sentences Act allows for reductions in sentence if the accused is a first offender, the value of the stolen property is Shs. 100/- or less, and if there are “special circumstances.” However, this section is inapplicable to the offence of cattle theft. Sentence increased to 3 years imprison and 24 strokes.
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