R. v. Halifa Ibrahim, Crim. Rev. 40-A-68, 12/6/68, Platt J.

R. v. Halifa Ibrahim, Crim. Rev. 40-A-68, 12/6/68, Platt J.

Accused was convicted of attempting suicide and placed on probation for twelve months. During this period, he was convicted of possessing moshi and sentenced to nine months’ imprisonment. Shortly before his release from prison, the probation officer informed the District Magistrate by sworn complaint that accused had violated the terms of his parole, by being convicted of a further offence. A “charge” was drawn stating that accused had thereby committed an offence against section 6(1) of the Probation Ordinance, Cap. 247. The day before his release, accused was brought before the District Magistrate, where he admitted having committed the liquor offence during the probation period. This was taken as a plea of guilty, and he was sentenced to three months’ imprisonment. By the time the case came before the High Court on revision, accused had completed this sentence and been released.

            Held: The conviction for violating the terms of a probation order must be quashed although it is too late for this to be of benefit to the accused. Section 6 of Cap. 247 “does not of itself create an offence punishable with imprisonment in the case of a probationer committing an offence during the period of his probation.” It merely empowers the court, upon receiving information in writing and on oath that the probation terms have been violated, to summon the probationer to court. If he has been convicted of a further offence, the court may then pass any sentence for the original offence which it could have passed at the original proceedings; or, if the probationer was not convicted during the original proceedings, the court may convict him on the original charge and pass sentence Accordingly.

            The Court stated, obiter (1) In cases of attempted suicide, just as it is undesirable to impose sentences of imprisonment, so is it inappropriate to order an accused placed on probation, which may result in imprisonment. (2) Section 7 of Cap. 247 does provide for a fine for violation of certain terms of probation.