MOHAMEDI ALLI v. R (1969) HCD
Sentence – Severity-sentence must fit crime
Sentence – Racial considerations irrelevant. Confiscation of firearm – Improper and illegal.
(1) “The sentence is, however, in my opinion manifestly too severe. The appellant is a first offender. The injuries inflicted on the complainant were minor. The complainant is an admitted thief..." ;
(2) "…. One has an uncomfortable feeling that the district Magistrate permitted consideration of race to effect his judgment when he says: - “This Court feels compelled to set an example to impose a sentence which will act as guide to those in the same position as that of the accused in this ancient occupied Arab minor settlement. It is now a free minor settlement”.
Sentence – Severity-sentence must fit crime
Sentence – Racial considerations irrelevant. Confiscation of firearm – Improper and illegal.
(1) “The sentence is, however, in my opinion manifestly too severe. The appellant is a first offender. The injuries inflicted on the complainant were minor. The complainant is an admitted thief..." ;
(2) "…. One has an uncomfortable feeling that the district Magistrate permitted consideration of race to effect his judgment when he says: - “This Court feels compelled to set an example to impose a sentence which will act as guide to those in the same position as that of the accused in this ancient occupied Arab minor settlement. It is now a free minor settlement”.
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