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R. v. Paul T. Msilu, Crim. Rev. 138-D-67, 6/12/67, Biron J.
Accused was convicted of five counts of stealing Government property, and sentenced to ten strokes of corporal punishment on each count, sentences to run concurrently. The only question before the High Court was that of sentence.
Held: There is no authority for ordering awards of corporal punishment to run concurrently. The Corporal Punishment Ordinance, Cap. 17, Sec. 10, provides; “When a person is convicted at one trial of two or more distinct offences, any two or more of which are legally punishable with corporal punishment, only one sentence of corporal punishment may be passed in respect of all the offences.” Accordingly, the sentences were set aside and a single sentence of 10 strokes was imposed in respect of all the convictions.
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