Hamisi s/o Mtanga v. R., Crim. App. 598-D-67, 4/10/67, Biron J.

Hamisi s/o Mtanga v. R., Crim. App. 598-D-67, 4/10/67, Biron J.

Accused was convicted of three counts of corruption for soliciting and obtaining bribes of Shs. 20/- Shs. 15 and Shs. 5/-. Since accused was first offender, he was eligible for a sentence of less than 2 years and 24 strokes if there were special circumstances. The trial court said, “taking all this into Consideration, that is the trifling amount of bribe coupled with accused person’s good character and having regard to the circumstances of this case and the nature of the offence, I find that there are special circumstances ……”

            Held: (1) “It is not …… clear what were the special circumstances found by the learned magistrate …[Never the less] I do not propose to interfere with the learned magistrate’s discretion …..” (2) The court did, however, find that the sentence of 6 months imprisonment imposed by the court below was insufficient, and it was enhanced to 12 months.