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Recentinato Totinati Mangisto v. R., Crim. App. 812-D-67, 26/1/68, Biron J.
Accused was convicted of stealing by public servant [P.C. s. 265, 270], and fraudulent false accounting [P.C. s. 317(c) ]. The District Court magistrate ordered the two sentences to run consecutively.
Held: (1) “The fraudulent false accounting was part and parcel of the stealing offence. In such cases, unless there is good reason to the contrary, it is customary to order the various sentences in respect of the several convictions which are all part and parcel of the same transaction to run concurrently.” (2) “The offences of false accounting were acts of omission. As opposed to commission, which deserve more lenient treatment. Sentences were ordered to run concurrently.
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