Paulo s/o Vincent Crim. App. 454-D-68. 25/11/68, Duff J.

Paulo s/o Vincent Crim. App. 454-D-68. 25/11/68, Duff J.

Accused was convicted of housebreaking and theft C/ss 294(1) and 265, Penal Code, and was sentenced to 2 years imprisonment and 24 strokes under the Minimum Sentences Act. He had pawned his radio to complainant for Shs. 80/- and later, lacking the money necessary to redeem the radio, broke into complainant’s residence and stole it.

            Held: Accused is 17 years old and a first offender. The value of the radio does not exceed Shs. 100/-. He originally pawned his radio to obtain money to help in the  education of a younger brother. “He has expressed his contributing to this court for his offences and … all these facts constitute special circumstances and entitles a court to exercise its discretion under the provisions of section 5 (2) of he Minimum Sentences Act, Cap. 526. Prior to his arrest, the accused … was learning to be a typist. He has been in custody over three months already and with a view to helping him continue his studies and to occupy a useful position in society, the sentences imposed are reduced to such term as well result in his immediate release. This is a case which calls out for sympathy…. “