Isaya s/o Longai v. R., Crim. App. 73-A-68, 15/6/68, Platt J.

Isaya s/o Longai v. R., Crim. App. 73-A-68, 15/6/68, Platt J.

Accused was convicted of stealing Shs. 1,500/- from his father. He was sentenced to strokes and imprisonment under the Minimum Sentences Act, and ordered to repay Shs. 1,500/- to his father by way of compensation. Shs. 900/- deposited in his Postal Saving Account by accused was ordered to be paid to Complainant, and accused was ordered not to withdrawn any money from that account.

            Held: (1) The compensation order itself was confirmed, but the orders involving the Postal Saving Account were set aside. Sec. 179 of the Criminal Procedure Code permits restitution of property but , in the case of money, restitution is limited to the money “actually found upon a person charged with an offence at the time of his apprehension”. The money in the Postal Savings Account was not taken from accused at the time of his arrest and thus it cannot be subject to a compensation order. (2) This does not mean that complainant is without a remedy. The Minimum Sentences Act, sec. 6(2) makes monies ordered to be paid by way of compensation recoverable in the same way as a civil debt. “Therefore the [complainant] could have obtained judgment against the [accused] in a Civil Court, and attach the property belonging to the [accused] in the Post Office. [Complainant] should have been advised to take this course.