Benedict s/o Beatus v. R., Crim. App. 532-D-67, 27/10/67, Saidi J.

Benedict s/o Beatus v. R., Crim. App. 532-D-67, 27/10/67, Saidi J.

Accused was convicted on two counts of cattle theft [P.C. ss. 265,268] in one case, and on another of house breaking and stealing in another case, both on the same day in the same court. Sentence under the Minimum Sentences Act was imposed in each case. The latter conviction was appealed, and the appeal rejected. Upon this, the appeal in the cattle theft matter, accused ’s contention on the merits of the conviction was also rejected.

            The Court noted, obiter: “It now appears that …..the appellant will serve a total of five years’ imprisonment and undergo forty eight strokes of corporal punishment. I feel that the sentence of corporal punishment is too severe, but as this court has no power to mitigate its severity, I recommend that the records in both cases be dispatched to the office of the Director of Public Prosecutions so that he may forward them to the President with a view to the reduction of the strokes ….. to twenty four in the exercise of the President’s prerogative of mercy.”