The accused a youth of 19 years, was charged with stealing nine pigeons worth in all Shs. 9/-. In answer to the charge, he stated that he had stolen the pigeons, had roasted the, and had already “devoured” eight but was caught with the ninth. He was convicted and sentenced to four month’s imprisonment.
Held; Sentence reduced so as to result in immediate discharge. The court remarked: “In view of the fact that the accused was a first offender, and taking into consideration his youth, the magistrate could will ask himself whether a term of imprisonment was really called for, and, further still, whether such a short term could serve any useful purpose, but rather the reverse this youth will have been brought into contact with hardened criminals, from which he is hardly likely to benefit. Further, the unstated terrors of prison, which could
have served as a deterrent, will have been dissipated. As the learned magistrate will appreciate, the best course in this case would have been to have placed the accused on probation”.
