FYNN AND ANOTHER V. THE REPUBLIC

TAYLOR J.

This is an application for bail pending appeal. In my opinion it is a matter of great moment and of the utmost importance and calls for very anxious and serious consideration. This is because it involves the proposition that a person who has been found guilty and convicted by a court of competent jurisdiction and whose sentence of imprisonment has not been set aside must nevertheless be let loose on the community instead of his staying in prison to serve a sentence which is prima facie deserved. The matter becomes even more serious where the conviction is not by a grade II district court, manned as such courts are by lay magistrates, but by a judge at the circuit court. In dealing with this matter I must surely not lose sight of the fact that once a convict sentenced to a prison term is encouraged and permitted to be at large the appellate court on grounds of humanity is often in a dilemma and reluctant to send the said convict back to prison. In this connection I recall tha…