R. v. Joseph s/o Michael, Crim. Rev. (-)-D-68, 23/8/68, Duff, J.

R. v. Joseph s/o Michael, Crim. Rev. (-)-D-68, 23/8/68, Duff, J.

Accused was convicted of stealing by servant contrary to ss. 271 and 265 of the Penal Code. He stole a cow belonging to the National Development Corporation. He was sentenced to 3 years’ imprisonment and 24 strokes, the court considering that the National Development Corporation was a body to which the Minimum Sentences Act, Cap. 526, applies.

            Held: The sentence imposed was illegal. The National Development Corporation must be regarded as an ordinary employer and not one to which Part (1) of the Schedule to the Minimum Sentences Act applied [i.e. Stealing by a person in the public service]. Sentence set aside and 9 months imprisonment substituted.