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R. v. Zakaria s/o Kasanga, Crim. Rev. 160-D-67, 24/11/67, Biron J.
Accused was sentenced to fines of Shs. 100/- and Shs. 150/- or imprisonment for three months and four months, respectively, in default, for creating a public disturbance and assaulting a police officer. The sentences of imprisonment were ordered to run concurrently.
Held: (1) Terms of imprisonment imposed in default of payment of fines may not be ordered to run concurrently. [Citing P.C. s. 36] (2) The magistrate intended that accused serve only four months, which the High Court agreed was the proper sentence. The sentences as imposed were set aside, and two terms of peremptory imprisonment of three months and four months, respectively, to run concurrently, were substituted.
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