Sunday, February 24, 2013

AUGUSTINO S/O MTEGA v. R. (1969) HCD 208

Held: “The Court should not have imposed two sentences of corporal punishment in respect of the burglary sentences to be carried out “concurrently”. The proper mode of sentencing is to pass the statutory minimum sentence (including the twenty – four strokes of corporal punishment) for the first of the burglary counts and to pass sentence of twenty-four months imprisonment only (or any other period which the Court deems fit, not less that two years), in respect of the second burglary Count. All sentences of imprisonment may then be ordered to run concurrently.” 

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