Claim of right see claim of right conversion

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Claim of right. See: CLAIM OF RIGHT. “Conversion” – Distinguished from loan. 1967/219.
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Verbal misrepresentation of amount due on cheque presented at bank. 1968/323. Crime not reported to police – Does not preclude conviction. 1968/108. Defence of lawful possession to be accepted if possible true. 1968/264. Definition in Tanzania includes both fraudulent conversion and larceny. 1967/36. Fraudulent intent – Doubtful where accused is mentally disturbed. 1968/103. Essential element. 1968/376. Intention to return money taken – Does not affect guilt. 1968/112; 1968/280. Must be intention to deprive permanently. 1968/375. Need not be formed at time of taking 1967/272; CONTRA 1968/197. CXV CRIMINAL THEFT (Continued) Identification of stolen goods – Complainant must be asked for description or special marks before goods are shown to him 1967/129; 1967/446. Ordinary goods without special marks 1967/11. Money innocently received – Animus furandi must be formed at time of re- ception. 1968/197. No offence where object is taken as forfeit by Community consensus. 1968/461. Obtaining by false pretences distinguished. 1968/51; 1968/75; 1968/109; 1968/110; 1968/277; 1968/278; 1968/281; 1968/332; 1968/374; 1968/377. Plea of guilty – Equivocal. 1968/333. Property not found in possession of accused – Does not preclude convic- tions. 1968/108. Property taken need not have value. 1968/333.
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Sentence – Stealing from person – Sentence of twelve months enhanced to two years where value of property was Shs. 1/- and accused had three relevant previous convictions. 1967/268. Twelve months excessive for theft of Shs. 13/50. 1967/267. Stealing by public servant – Covers misappropriation by employee of District Council of funds intended for judiciary. 1967/419. Does not cover appropriation of money intended for government which accused had no authority to collect – Appropriate charge stealing by agent. 1967/224. Does not cover case where monies never received by government . 1968/110. Does not cover retention by servant of money intended for but not owed to master. 1967/223. Equivocal guilty plea – Mere negligence insufficient. 1967/152. Money received outside scope of normal duties gained “by virtue of his employment”. 1968/382. “Public servant” defined. 1968/241. Question of employment must be specifically dealt with. 1968/378. Testimony of handwriting expert insufficient basis for conviction – Oppor- tunity for accused to commit offence not sufficient corroboration. 1967/197. Whether money stolen belonged to government. 1968/484. Stealing by servant – Appropriation of unpaid salary without authorization. 1968/373. Does not cover negligent loss of money. 1967/369. Lack of intent to collect funds on behalf of employer. 1967/274. Proof of negligent accounting does not justify conviction. 1967/151. Stealing from motor vehicle – Conviction quashed where goods not removed from vehicle. 1968/198. Conviction quashed where thing stolen part of motor vehicle. 1968/244. CXV1
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CRIMINAL THEFT (Continued) Stealing from person – Act of picking pocket where purse only partially re- moved constitutes attempt. 1967/275.
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  • Fall '17
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