Rasimni s/o Yasini v. R., Crim. App. 357-D-68, 23/8/68, Said, J.

Rasimni s/o Yasini v. R., Crim. App. 357-D-68, 23/8/68, Said, J.

Accused was convicted of shop breaking and stealing and was sentenced to 3 years imprisonment with 24 strokes. At the trial, the prosecution alleged that the accused had been previously convicted of a number of offences. The accused denied this, but the court took it into account in assessing sentence without requiring the prosecution to prove the allegation.

            Held: The court erred in considering these alleged previous convictions in passing sentence, since the accused had denied them and the prosecution had not proved them. The sentence itself, however, is not severe in the circumstances of the case. Appeal dismissed.