Chumba v Rex (Criminal Appeal No. 272 of 1950)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
In a composite charge of burglary and theft relating to one and the same transaction, although it is proper and necessary to pass two sentences in respect of the two offences, these sentences should run concurrently and not consecutively. The Court varied the sentence to ensure concurrent rather than consecutive terms.
Outcome
Conviction upheld; sentence varied from 18 months consecutive to 12 months concurrent imprisonment with hard labour
Facts
The appellant was convicted of burglary and theft contrary to sections 299(1) and 274(b) of the Penal Code. He was sentenced to nine months' imprisonment with hard labour for each offence, with the sentences to run consecutively, totalling 18 months. The appellant was identified at a properly conducted identification parade as the person who had attempted to sell some of the proceeds of the burglary. He had one previous conviction for theft.
Issues
- Whether sentences for burglary and theft arising from the same transaction should run consecutively or concurrently.
Orders
- Appeal against conviction dismissed.
- Sentences imposed by the Magistrate set aside.
- Sentence of 12 months' imprisonment with hard labour for burglary imposed.
- Sentence of 12 months' imprisonment with hard labour for theft imposed.
- Both sentences to run concurrently.
Rules and key headnotes
Legislation cited (2)
- Penal Code s.299(1)
- Penal Code s.274(b)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.