Samson s/o John, Crim. App. 757-D-68, 22/1/69, Biron J.

Samson s/o John, Crim. App. 757-D-68, 22/1/69, Biron J.

The appellant was convicted on his own plus of housebreaking and stealing, c/s 294(1) and 265, Penal Code, and was sentenced respectively to imprisonment for four years and one year, to run consecutively to each other and to the statutory twenty four strokes corporal punishment, under the Minimum Sentences Act, 1963. During the absence of the complainant at work, his house was broken into and there were stolen therefrom a number and variety of articles to the total value of Shs. 2,221/-.

The appellant, who was eventually arrested and charged, pleaded guilty to the charges, and admitted to a rather long string of previous convictions, which included five for theft and a twin of housebreaking and stealing and office breaking and stealing therefrom. Appeal from sentence only.

Held: “As indicated, the appellant has a bad record for dis-honesty, though in fairness it should be noted that the last two convictions for housebreaking and stealing and office breaking and stealing …. Were all subsequent to the commission of the offences in this instant case. Therefore they should not be taken into consideration insofar as this case is concerned. Even so, having regard to the prevalence of these offences and the previous convictions for theft for the last two of which the appellant was awarded sentences of two years and two and a half years imprisonment, this court would not, to my mind, be justified in interfering with the sentence of four years imposed for housebreaking. However, no reason has been given by the magistrate, nor does any suggest itself, for his ordering the sentences to run consecutively to, and not, as is the usual and well-nigh universal practice in the absence of special circumstances, concurrently with, each other. Certainly there are no exceptional circumstances here which could possibly justify a departure from the usual practice. The order that the sentences are to run consecutively to each other is accordingly set aside, and there is substitute an order that they are to run concurrently with each other …. Making an aggregate of imprisonment for your years”.