R. v. Yasini s/o Ramadhani, Crim. Rev. 22-D-68, 10/7/68, Biron J.

R. v. Yasini s/o Ramadhani, Crim. Rev. 22-D-68, 10/7/68, Biron J.

Accused was convicted in each of two separate cases of housebreaking and stealing. Both cases were heard by the same magistrate on the same day, and judgment and sentence in the cases were also given on the same day. In one case accused was sentenced to imprisonment of 16 months and in the other case to imprisonment of 14 months.

            Held: (1) In the absence of any direction to the contrary, the sentence in the second case would run consecutively to that in the first case for a total of 30 months. (2) As the Minimum Sentences Act applies to the offence of housebreaking, and as special circumstances cannot be considered in the facts of this case, the minimum permissible sentences in each case was two years imprisonment. (3) The Court stated, obiter, “(I) t is not understood why the offences were dealt with in two separate files.” Sentence enhanced, due to accused ’s long record of previous convictions, to three years imprisonment in each of the two cases, the sentences in the two cases to run concurrently.