Rashid s/o Mashaka v. R., Crim. App. 202-D-68, 21/5/68, Georges C. J.

Rashid s/o Mashaka v. R., Crim. App. 202-D-68, 21/5/68, Georges C. J.

Accused was convicted of burglary, and sentenced to 2 years and 24 strokes, the minimum sentence allowable for this offence under the Minimum Sentences Act. This appeal was summarily rejected, both as to conviction and sentence.

            Held: The Court stated, obiter; “The appellant had four previous convictions, two for housebreaking – one in 1966, for which a minimum sentence had been imposed. Learned magistrates should make more frequent use of their powers to remand persons to the High Court for sentence so that appropriately long terms of imprisonment may be imposed on persons who break into houses an also terrorise residents. The type of conduct must be seen to be heavily punished.