Chilondamu Ching’ng’a v. R., Crim. App. 692-D-67, 18/10/67, Biron J.

Chilondamu Ching’ng’a v. R., Crim. App. 692-D-67, 18/10/67, Biron J.

The accused, a postmaster, was convicted of theft by public servant [P.C. ss. 265,270] and fraudulent false accounting [P.C. s. 317(b)], because of transactions involving an amount not specified by the Court, but described as “small.” The sentences on the three false accounting charges were ordered to run concurrently, but consecutively with the sentence on the theft conviction, making an aggregate of imprisonment to be served of three years. Corporal punishment was also ordered under the Minimum Sentence Act. Accused was a first offender.

            Held: “In view of the fact that the appellant was a first offender, and the amounts involved were relatively small, …….. there was no justification for ordering the sentences to run consecutively.” All sentences ordered to run concurrently, making an aggregate of two years imprisonment.