DETTERENCE

HARUNA v R
On appeal against a deterrence sentence of 8 years on a
young man of age 26 years for the first offence of the
possession of Indian hemp contrary to section 47(1) and
57(1) of the pharmacy & drugs act 1961 (Act 64)
Held
1) when young men (such as the appellant) have had their
first brush with the law, it was essential in the interest of
the reformative element in criminal justice that they be
not sent to prison unless a prison sentence was a
mandatory legal requirement. If a prison sentence was
not mandatory, then as a general proposition, unless
there were special circumstances calling for a custodial
sentence, the courts must avoid incarcerating young
offenders.
3) In the instant case, having regard to other relevant
circumstances such as: (i) the accused being a first offender
and aged only 26; (ii) the smallness of the amount, i.e. less
than 480 to be realised from the sale of the Indian hemp
found in his possession and (iii) the economic conditions in
the country which have reached such a high pitch that the
average earnings of the average person seemed insufficient
for the essentials of life, the deterrent sentence of eight
years imposed on the appellant was improper and would
therefore be set aside.