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Mussa s/o Abdallah v. R., Crim. Rev. -/D/68, 30/7/68. Biron J.
Accused was convicted of being in possession of an unlicensed firearm [see cap. 223 s. 13(1) and (2) and was fined Shs. 450/- or seven months imprisonment in default. In sentencing the accused, the trial magistrate was of the opinion that the penalty laid down under section 31(2) of Cap. 223 did over ride section 29(IV) of the Penal Code.
Held: Section 31(2) of cap. 223 and Section 29(Iv) of the Penal Code are “not mutually exclusive but complementary”. Thus “where a fine is awarded and a term of imprisonment is imposed in default of the payment of the fine, such term cannot exceed six months as laid down in section 29(IV) of the Penal Code.” Sentence of imprisonment reduced to six months.
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