R. v. Mshamu Omari, District Court Crim. Case 2-Nachingwea-68, 16/5/68, Inspection Note by Hamlyn J.

R. v. Mshamu Omari, District Court Crim. Case 2-Nachingwea-68, 16/5/68, Inspection Note by Hamlyn J.

Accused was convicted of a corrupt transaction [Prevention of Corruption Ordinance, Cap. 400, s. 3(2)], an offence scheduled under the Minimum Sentences Act, Cap. 526. A sentence of only 6 months’ imprisonment was imposed, most of which had been completed by the time the case came before the High Court. The magistrate had based the sentence upon the facts that the accused was a first offender and that the amount involved was only Shs. 20/-, saying “I consider this constitutes a special circumstances (sic) described in section 5(2) of the Act.

            The Court noted: The requirements for leniency, under section 5(2) of the Act, are three: that the accused must be a first offender, that the money concerned must not be in excess of Shs. 100/- and that there be “special circumstances” warranting leniency. These three requirements are set out in separate subsections. “It is clearly quite incorrect to admit as special circumstances matters which are the requisites of the earlier sub-sections … In other words, the ‘special circumstances’ cannot be either the fact that the accused is a first offender, or the fact that sum involved is less than Shs. 100/- These are separate requirements ….”