R. v. JONATHANI S/O CHAMADE (1968) HCD 237

R. v. JONATHANI S/O CHAMADE (1968) HCD 237

Reduction of sentence – Proper only where sentence so excessive as to be unsuitable. 

 Crim. Conf. 65-M-68, 22/4/68, Seaton J.

Accused was convicted of possessing “moshi”, a prohibited liquor, and sentence to two years imprisonment. [Local Liquor, Ordinance, Cap. 77, sec. 36 (1), (2); G.N. 229/41] Maximum penalty for this offence is a fine of Shs. 4,000/- or two years imprisonment, or both. The district magistrate, in imposing sentence, remarked; “Severe sentences have always been recommended for this prevalent murderous stuff.” Accused was a first offender, with several dependants. The case came to the High Court for confirmation of sentence.

            Held: 

(1) “The fact that the Legislature has expressly provided for the imposition of a fine at the discretion of the trial court is an indication that the offence may not always be so heinous as to require imprisonment. It should also be observed that if the maximum term of imprisonment is imposed on every offender, the trial court is left with little sanction  to deter second or chronic offenders.” 

(2) “Having said all of the above, however, it is borne in mind that this court will not interfere in a matter in a matter of sentence unless it is so excessive as to be unsustainable. The sentence imposed in this case, although severe, cannot be said to fall into such a category as would clearly require revision by this Court. The sentence is accordingly confirmed.