William s/o Nyanda v. R. Crim. App. 346-M-67, 18/8/67, Cross J.

William s/o Nyanda v. R. Crim. App. 346-M-67, 18/8/67, Cross J.

Accused pleaded guilty to a charge of stealing from T.A.P.A., be whom he was employed as a teacher for Shs. 85/- per month. He had received school fees, from which he had retained Shs. 390/- against his unpaid salary. He had not been paid his salary for 7 months. The stolen money was subsequently repaid.

            Held: (1) T.A.P.A. is a charity, as a number of judicial decisions have held; therefore, the sentence of 2 years and 24 strokes was obligatory, under the Minimum Sentence Act. (2) A certified copy of the proceedings was ordered to be forwarded to the attorney General “with a view to a recommendation to …… the President that earnest consideration be given at least to a reduction of the sentence …. The Court felt that the accused could “hardly be blamed” for his conduct, and that, but for the operation of the Minimum Sentences Act, “Only nominal punishment would have been imposed.”