Selemani Rashidi v. R., Crim. App. 840-D-67, 8/12/67, Hamlyn J.

Selemani Rashidi v. R., Crim. App. 840-D-67, 8/12/67, Hamlyn J.

Accused was convicted of shop breaking involving a “considerable” amount of property and of assault causing actual bodily harm. Seven previous convictions were alleged against him at one point or mother during the proceedings, but the record did not show “that these were agreed to by him and they certainly were not proved against him.” Sentence of 36 months’ imprisonment was imposed on the first count; a statutory minimum sentence, with corporal punishment and an order for compensation, was imposed on the second count. The record did not disclose the basis of the sentence on the first count.

            Held: As it is possible that “the sentence passed had been assessed upon the un-admitted previous record” of convictions, the sentence cannot stand. Sentence upon the first count reduced to 2 years’ imprisonment.