089-NLR-NLR-V-02-SEYATU-v.-APPUWA.pdf
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1896.
October 19.
SEYATU v. APPUWA.P. C., Oampola, 21,087.
Sentence, inequality of—Plea of guMy—Claiming to be tried.
An accused person who claims to be tried and is convicted oughtnot to be placed in a worse position than one who pleads guilty. 'Where, therefore, some of the accused in a Police Court case pleadedguilty to the charge against them and were fined Rs. 5 each, and the' other accused' claimed to be tried, were convicted, and sentencedto one month’s rigorous imprisonment each, the Supreme Courtreduced the sentence on the latter to one of a fine of Rs. 5.
'’JJHE facts of the case appear in the judgment.
19th October, 1896. Bonser, C.J.—
In this case five people were charged with unlawfully gamingwith dice, under section 4 of Ordinance No. 17 of 1889.- The first,second, and third accused pleaded guilty and were convictedand fined Rs. 5 each.
. The fourth and fifth accused said that they were not guilty andclaimed to be tried. The Magistrate, after hearing evidence, foundthem guilty, and sentenced them to one month’s rigorous imprison-ment. If a sentence of Rs. 5 was considered sufficient punishmentfor the other men, it appears to me from the evidence that it isequally sufficient for the appellants. It would seem as if theMagistrate, punished the appellants more severely because theyclaimed to be tried. I reduce the sentence to a fine of Rs. 5. A manought not to be in a worse position because he claims to be tried.
I notice that the Magistrate has given no reasons for the findingor sentence.