Felician s/o Zaburuza v. R. Crim. App. 769-D-68, 1/2/69, Georges C. J.

 

Felician s/o Zaburuza v. R. Crim. App. 769-D-68, 1/2/69, Georges C. J.

This is an appeal against sentence only. The appellant pleaded guilty to four counts for offences against the Penal Code – two of forgery c/s 337 and two of stealing as a public servant c/s 270 and 265. In all he stole 48/-. He was an Executive Officer in the Agricultural Division aged 38 years. He was a first offender and the sum stolen was less than Shs. 100/-. He was called upon to put forward any special circumstances. He said that he had committed the offences through ignorance, that he had a clear record of 8 years service with the Government and that he had a wife and 3 young children. The district magistrate refused to exercise his discretion to impose less than the minimum sentence.

Held: (1) The Magistrate has not acted “on any manifestly erroneous principle which would justify an interference with his discretion by this Court”.

            (2) “In his petition of appeal the appellant alleged that his wife has become mentally unbalanced because of his imprisonment and his children who were in her care have been left untended. If this is indeed so then I can only express sympathy but he law has been passed and must be enforced. If the appellant can satisfy His Excellency the President that this calamity has befallen him since sentence it may be that His Excellency may be minded to exercise the right of clemency vested by law in him”. Appeal dismissed and sentence affirmed.