Gordon Masita v. R., Crim. App. 785-D-67, 20/12/67, Duff J.

Gordon Masita v. R., Crim. App. 785-D-67, 20/12/67, Duff J.

Accused, a first offender, appealed against a sentence of two years imprisonment and 24 strokes for theft by a person employed in the public service. [P. C. ss. 270, 265.] The amount involved did not exceed Shs. 100/- When asked to state any special circumstances, the accused replied. “I have no father. I have two brothers who are schooling, they depend on me. I have got three children. They also depend on me.”

Held: Having dependants can be a special circumstance, even though “It is true that in most criminal cases dependants are involved and suffer as a result of the incarceration of the convicted person.” This particular plea was one which could have been accepted by the trial court as constituting special circumstances. The expression “special circumstances” is used in an extremely wide sense in the Minimum Sentences Act. [See Cap. 526, ss. 5(2), 5(4).] Sentence reduced to four months imprisonment.