Daniel s/o Sindirimwesi v. R., Crim. App. 786-D-67, 8/3/68, Duff J.

Daniel s/o Sindirimwesi v. R., Crim. App. 786-D-67, 8/3/68, Duff J.

Accused was first convicted of housebreaking and stealing goods worth Shs. 149. The High Court altered the conviction to one of receiving a patched shirt, which was part of the property stolen from the complainant. The record was returned to the lower court for a specific finding as to “special circumstances” which might warrant leniency under the Minimum Sentences Act. There, accused said that he had no such claim to made, and a sentence of 2 years and 24 strokes was imposed.

            Held: “(W)hilst poverty is not an excuse for committing crimes of theft or receiving stolen property, it appears to me that the possession of a patched shirt and the wearing of it by the accused was a special circumstance which could have been taken into consideration by the learned magistrate.” Since the accused had served 6 months of his sentence, a sentence was substituted so as to result in his immediate release.