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R. v. Rashidi Shimie, Crim. Rev. 36-A-68, 26/6/68, Platt J.
Accused was convicted of unlawful wounding [P. C. s. 288(1)] and sentenced to a term of three months imprisonment, the sentence was imposed on 16th January, 1968, but back-dated to begin running as of 19th October, 1967.
Held: (1) The back dating of a sentence is “improper and without the authority of law. ”An absolute e discharge under P.C. s. 38 was substituted. (2)The Court stated, obiter: “(I)n a case where there is considerable mitigation, the learned Magistrate has a number of ways by which he can take such mitigation into account. He can exercise his discretion under section 3 of the Penal Code, he may impose a fine, on he may impose a term of imprisonment which he may suspend under section 294A of the Criminal Procedure Code.
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