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Allen s/o Nyelo v. R., Crim. App. 311-D-67; 14/6/67; Geoges, C. J.



Allen s/o Nyelo v. R., Crim. App. 311-D-67; 14/6/67; Geoges, C. J.

Accused was convicted of theft and sentenced 2.5 years’ imprisonment and 24 strokes under the  Minimum Sentence Act. The sum involved was Shs. 440/- In passing sentence, the magistrate observed, “It is agonizing to note that thievish mentality is spreading like barn fire or contagious disease and the public funds are at great stake. My hatred for thieves knows no bounds and I consider a tougher punishment should be imposed.”

            Held: “(T)he minimum sentence fixed by law takes into account the public abhorrence for the offence …. And the need for deterrent punishment. Though it is a minimum sentence and not a maximum, it should be increased only where there are circumstances of aggravation – where a large sum was stolen or where there are previous convictions or a grave abuse of position of trust.” As there were to such circumstances here, the term of imprisonment was reduced to the statutory minimum of 2 years.

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