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Yakobo s/o Mulaki v. R., (PC) Crim. App. 297-M-67, 11/8/67 Cross J.
Accused was convicted of stealing a goat value at Shs. 50/- months’ imprisonment and 12 strokes. On revision, The District Court increased the sentence to 3 years and 24 strokes, pursuant to the provisions of the Minimum Sentences Act.
Held: Section 5 (2) of the Minimum Sentences Act, setting out the conditions upon which a sentence less than the minimum may be imposed (including inter alia, that the property stolen be of less than Shs. 100/- in value), does not apply to cattle theft. Sentence upheld.
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