Done this to assist the local magistrate in

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done this to assist the local Magistrate, in connection with a civil matter involving the women. He recorded the trip in the Motor Log Book, however, as a journey to cities other than those actually visited in connection with a criminal case then be- ing investigated. Held: An intention to defraud is essential to the offence of false account- ing. An intention to conceal previous dishonest or fraudulent acts, either for per- sonal financial gain or toe protect an accused ’s employment security, is such a fraudulent intention. [Citing George Woodgate v. R.,, (1959) E. A. 525; Rex v. Sayed Hadi Husseing Shah, (1941) 8 E.A.C.A. 36] Appeals on false accounting charges dismissed. 156. T. C. Harby v. R., Crim. App. 196-A-67, 2/2/68, Seaton J. Accused was convicted on 4 counts of obtaining credit by false pretences [P.C. s. 305(1)]. Accused had had his private automobile repaired on two occasions, had chartered an airplane on another occasion, and had purchased to bottles of per- fume, in all cases signing invoices made out to his employer, the New Arusha Holel. The Hotel had not authorized him to incur such debts on its behalf. Held: In order to obtain a conviction under section 305(1), three elements of the offence must be proven: the incurring of a debt or liability, an obtaining of credit by false pretences, credit”, in the ordinary meaning of the words, signifies
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that a person is entrusted with money or goods on the faith of future payment by himself. Convictions quashed. 157. Musa Alli Mahambi v. R., Crim. App. 26-D-68, 21/2/68, Georges C. J. A search of accused ’s home revealed his possession of a radio which had been stolen, during the night, from complainant’s home one month earlier. Complai- nant’s testimony, as to the original taking, was that she had awakened during the night to see the thief “standing inside the house”; she could not identify the in- truder. Accused was convicted on a single charge of burglary and stealing. Held: (1) Under the doctrine of recent possession, in such circumstances “It is fair inference ….. that the appellant had either stolen (the radio) or received it knowing it to be stolen.” (2) “The interval seems short enough to support the conclusion that he was the thief.” (3) However, the complainant’s testimony does not indicate that any part of the house was found broken, nor does it assert that the premises had been properly shut the night before. Therefore there can be no conviction under the charge for burglary and stealing. Conviction for stealing substituted. (1968)H.C.D. - 54 – 158. Saudi Juma v. R., (PC) Crim. App. 13-D-68, 10/2/68, Saudi J. Accused was convicted of criminal trespass on the land of complainant, but he conviction was quashed on appeal to the District Court on the ground that the land did not belong to either party. Held : When, in a case of criminal trespass, a dispute arises as to the ownership of the land, the court should not proceed with the criminal charge and should advise the complainant to bring a civil action to determine the question of ownership. Parties directed to start a civil action before the District Court of Kon-
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  • Fall '17
  • Dean Majamba

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