R v Shem Nyalongo (Criminal Review Case 52 of 1942) [1942] ZMHCNR 2 (31 December 1942)

136 Vol. II] R . v . SH E M N Y A L O N G O . Crim in al R eview Case N o. 52 o f 1942. Sentences— separate sentence should be passed in respect o f each count— charge o f housebreaking and theft can be put into one count. W here an accused is found guilty on more than one count a separate sentence should be passed in respect o f each count. The sentences may be made concurrent in proper cases. Where a person is accused o f housebreaking and theft from the building only one count is necessary to cover both offences and in that case only one sentence would be necessary. See also R. v. Kantolombo White and R . v . Popeye Kalingula 4 N . R . L . R . 217. L aw , C . J .: A plea o f guilty was recorded to the charge and one sentence was passed. The charge, however, was split up into tw o counts. Where this is done separate sentences should be passed in respect o f each count though, in proper circumstances, such sentences m ay be made concurrent. In the present case one count w ould have sufficed to cover sections 271 (1) and 243 Penal Code. B ut the accused has not suffered any injustice by reason o f the form in which the charge was presented.