R. v. Nyasi s/o Aloys, Crim. Rev. 165-D-67, 18/12/67, Seaton J.

R. v. Nyasi s/o Aloys, Crim. Rev. 165-D-67, 18/12/67, Seaton J.

Accused was convicted of giving Shs. 6/- to a police officer as an inducement to forbear entering charge for the offence of affray. In view of the small sum involved, the magistrate invoked section (5(2) of the Minimum Sentences Act, which permits an order for “ten strokes of corporal punishment or such term of imprisonment as may appear to the court to meet the requirements of the case.” The sentence ordered was “ten strokes of corporal punishment or four months’ imprisonment.”

            Held: In applying section 5(2), a court cannot impose sentences in the alternative. The choice of sentence is for the magistrate not the accused. The sentence here is bad for vagueness. In such cases where it is proposed to inflict corporal punishment, courts should be particularly careful; should the accused opt for corporal punishment, “there is often no practical appeal.”