JUDGMENT OF HAYFRON AG. J.
The appellant was a convict on licence. Whilst on release on licence he was convicted for receiving and sentenced to a term of twenty months imprisonment. The magistrate then revoked the convict’s licence and ordered the appellant to serve the residue of the unexpired term of the previous sentence. It is against this order that the appellant complains.
Section 396 of the Criminal Procedure Code, 1960 (Act 30), which the magistrate purported to revoke provides that the magistrate should recommit the convict on licence to serve the residue of the unexpired term only if from facts proved before him it appears that the convict on licence was getting his livelihood by dishonest means or was habitually associating with thieves or persons of notoriously bad character. It does not appear to me that the power can be invoked when there has been an isolated case of receiving
from a person who is himself a first offender. Neither of the two pre-conditions was satisfied …