Rex v Deaf and Dumb Person (Cr. R. 62/1931.) [1931] EACA 31 (1 January 1931)

CRIMINAL REVISION.

Before SIR JACOB BARTH, C. J.

$REX$ (Original Complainant)

$\boldsymbol{v}$ .

${\bf DEAF}$ $\&$ $\rm \cdot DUMB$ PERSON (Original Accused).

Cr. R. $62/1931$ .

Vagrancy Ordinance, section 11.

Held (18-7-31): - That under the Vagrancy Ordinance there is no<br>power to alter an order of detention into an order of imprisonment.

ORDER.-In this case a deaf and dumb vagrant was sentenced under the Vagrancy Ordinance, section 11 (1), to one month's detention. Such sentence was altered to one month's hard labour because the vagrant escaped for a few hours. The proceedings were sent to the Supreme Court under section 162 Criminal Procedure Code.

The use of the word "detention" in the section appears to have caused some confusion in the Magistrate's mind. $\mathbf{It}$ refers to a house of detention for the occupation of vagrants so declared under section 4 of the Ordinance and not to a detention camp under the Detention Camps Ordinance. There is no power under the Vagrancy Ordinance to alter an order of detention into an order of imprisonment with or without hard labour.

The sentence of one month's hard labour is accordingly quashed, and the accused is ordered to be detained under the Vagrancy Ordinance in a house of detention. The provisions of the Ordinance should be applied to this case.