R. v. Mohamed s/o Selemani, Dist. Ct. Crim. Case 2415-D-67, 16/1/68, Inspection Note by Hamlyn J.

R. v. Mohamed s/o Selemani, Dist. Ct. Crim. Case 2415-D-67, 16/1/68, Inspection Note by Hamlyn J.

Upon convicting accused petty theft, the district judge made the following order; “Both accused person are given the choice either to undergo 10 strokes corporal punishment …. Or two months imprisonment if they so wish.”

            Held: (1) This Order was incorrect. A court must set a specific sentence; no where does the law provide that accused should or may be given a choice of punishments. (2) Both accused “elected” to receive 10 strokes, which punishment had already been administered and the accused released before this case reached the High Court. Consequently no order in respect of sentence was made.