Issa s/o Mwandachi v. R., Crim. App. 670-D-67, 27/10/67, Saidi J

Issa s/o Mwandachi v. R., Crim. App. 670-D-67, 27/10/67, Saidi J

Accused was convicted of one count of burglary and one of stealing. There was evidence that he was seen inside a house and apprehended as he tried to flee. Shs. 10/- worth of groundnuts were found wrapped in some clothes somewhere in the house and it was found that he had stolen them. He was sentenced to the prescribed term under the Minimum Sentences Act.

            Held: (1) There was no evidence that the bundles of groundnuts had been moved from one place to another by accused, and the charge of stealing was thus unsupported by the evidence. (2) Accused is a first offender and the trial court erred in failing to permit him to show special circumstances which would entitle him to a reduction in sentence under section 5(2) of the Minimum Sentences Act. Case remanded and direction given that accused be recalled to state such special circumstances.