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Leshalon s/o Ncosha v. R., (PC) Crim. App. 10-A-67, 2/12/67, Seaton J.
The two accused were convicted of cattle theft and sentenced to punishment as provided in the Minimum Sentences Act. In addition to the imprisonment and corporal punishment, it was order that “After their term of imprisonment, they will have to pay the complainant his cattle.”
Held: (1) The trial court should have assessed the value of the missing cattle. (2) The court should have also determined the share which each of the accused was allocated in the proceeds of theft. Appropriate orders for compensation should then have been made against each accused for the value of his share of the proceeds, as provided in section 6(2) of the Minimum Sentences Act.
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