R. v. Juma Musho, Inspection Note, Crim. Case 486-TABORA-68, 17/1/69, Bramble J.

 R. v. Juma Musho, Inspection Note, Crim. Case 486-TABORA-68, 17/1/69, Bramble J.

The accused was convicted on his own plea of carrying excess passengers’ c/s 34(e) and 70, Traffic Ordinance and sentenced to two months imprisonment. He was a first offender.

Noted: “Where the legislature has given an alternative of a fine for certain minor offences it would seem more appropriate to inflict this type of punishment rather than peremptory imprisonment. Of course, where there is a continuous flagrant disregard for the law imprisonment would be the only answer. The trial magistrate in this case acted on the basis that the accused showed no respect for the dignity of human beings and that the condition which was permitted was fit for pigs. It may well have been that with the shortage of transport facilities this accused may have though sympathy carried more passengers than he as permitted to carry. Since the period of imprisonment has almost expired no purpose will be served by revising the sentence but I hope that my comments will serve as a guide to punishment is similar cases”.