054-NLR-NLR-V-63-G.-K.-T.-PERERA-Petitioner-and-M.-I.-BUHARY-Inspector-of-Police-Respondent.pdf
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H. N. G. FERNANDO, J.—Perera v. Brihary
1961
Present: H. N. G. Fernando, J.K. T. PERERA, Petitioner, and M. I. BUJFTARY (Inspector of Police),
Respondent
Application for Revision in M. C. Gampaha, 63074j A
Sentence—Imposition of maximum fine—Duty of Court to consider means of accusedand his excuse, if any.
The accused-petitioner pleaded guilty to a charge of possessing an unlicencedrevolver and was sentenced to pay the maximum fine of Rs. 2,500.
Held, that before imposing so large a fine some inquiry should have been madeas to the means of the accused and as to the excuse, if any, which he could haveput forward to avert so serious a punishment.
Application to revise an order of the Magistrate’s Court, Gampaha.
Frederick W. Obeyesekere, for the Accused-Petitioner.
W. Abeyakoon, Crown Counsel, for the Attorney-General.
September 7, 1961. H. N. G. Fernando, J.—
The petitioner pleaded guilty to a charge of possessing an unlicensedrevolver and has been sentenced to pay the maximum fine of Rs. 2,500.The petitioner is apparently a man of 65 years of age who states that hepurchased the revolver after there had been a burglary at his house inSeptember, 1958. The Police apparently came to know that the petitionerpossessed a revolver only because he had used the revolver when he hadbeen set upon and assaulted, apparently with the motive of robbery, inFebruary, 1959. In consequence of that incident he stood a trial formurder at the Negombo Assizes at the end of which he was ordered to bedetained till the rising of the Court. The present charge for the possessionof the revolver is a sequel to that case.
The Magistrate had not before him any material upon which he couldproperly have assumed that this petitioner would be able to pay so largea fine. Before imposing such a fine some inquiry should have been madeas to the means of the petitioner and as to the excuse, if any, which hecould have put forward to avert so serious a punishment.
– The fine is reduced to one of Rs. 100 and I order the forfeiture to theCrown of the revolver.
Sentence reduced.