John s/o Silanda v. R., Crim. App. 242-D-68, 26/6/68, Biron J.

John s/o Silanda v. R., Crim. App. 242-D-68, 26/6/68, Biron J.

Accused was charged with stealing goods in transit [P.C. ss. 265, 269 (c) ], but was convicted, consistent with the facts, of stealing by a public servant [P.C. ss. 265, 270].

            Held: A person charged with stealing  goods in transit, a non-scheduled offence, cannot be convicted of stealing as a public servant, a scheduled offence, and thus subjected to punishment under the Minimum Sentences Act. “The Minimum Sentences Act, 1963, is a penal statute of a very serious nature, and must therefore be construed strictly. There are many cases (in which) it has been held that, unless a person is expressly charged with a scheduled offence under the specific relevant section set out with precise particularity, he cannot be convicted of a scheduled offence.” Conviction varied to stealing goods in transit and sentence reduced.