HAMLYN

Joseph A. Kashamakula v. R. (1970) HCD 201 

Crim. App. 321-D-70; 15/5/70; Hamlyn J.

The appellant was convicted in five Counts of obtaining money by false pretences, contrary to section 302 of the Penal Code. The appellant was sentenced to eight months imprisonment on each of the five Counts, such sentences being ordered to be served consecutively. The accused is said to have gone to one of the fathers at the Mission at Katandala and to have represented himself to be the emissary of Fathers at other missions in the locality, stating that he had been sent by them to take monies from Father Joseph to such other Fathers. As a result of such representation (which was proved to have been wrong and unauthorised) Father Joseph paid over the money to the appellant, who thereupon departed. The prosecution case further shows that the Fathers for whom the accused purported to act never received the funds which had been given to the accused to convey to them.

            Held: 

(1) “In so far as sentences are concerned, it is observed that the trial magistrate has passed five sentences of eight months imprisonment on the accused, ordering such to be served consecutively. That is, that he shall serve a total of forty months imprisonment. The Counts on which the appellant has been convicted refer to acts committed by the accused between 19th December, 1968 and 2nd January, 1969 – very short period indeed, and it would therefore appear that all these offences were part and parcel of a single plan of campaign: in such case they should all be concurrent.”

 (2) “I consequently ……set aside the several sentences imposed by the trial Court and in their place substitute sentences of forty months imprisonment on each count, directing that all such sentences be served concurrently.”