Flynote and Headnote
[1] Criminal procedure - Sentence - Maximum sentence in default of fine - Section 28 of Penal Code construed.
Pursuant to section 28 of the Penal Code, unless a statutory 45 exception is in force, a sentence of nine months imprisonment is the
1969 ZR p122
EVANS J
maximum that can be imposed in default of payment of any fine exceeding K100.
[2] Criminal procedure - Sentencing - Mitigating factors - Magistrate's duty to consider.
5 When, at the determination of sentence, the accused advances a mitigating factor which is not disputed by the prosecution and is consistent with other facts presented, the magistrate should take this factor into account.
