R. v. Rajabu s/o Mohamedi, Crim. Rev. 1963-D-67, 12/12/67, Hamlyn J

R. v. Rajabu s/o Mohamedi, Crim. Rev. 1963-D-67, 12/12/67, Hamlyn J

Accused, who fit under the exception to the Act allowing a sentence of less than two years and 24 strokes, was sentenced to nine months imprisonment and ten strokes;

            Held: Section 5(2) provides for a sentence of “…. Either ten strokes of corporal punishment or such term of imprisonment as may appear to the court to meet the requirements of the case.” (Emphasis added.) Since accused had received another sentence of nine months imprisonment at the same trial, which was to run concurrently with the sentence here in question, the ten strokes of corporal punishment were set aside, while the sentence of nine months imprisonment was allowed to stand and to run concurrently with the other sentence.