As such borrowing is not within the normal conception

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rantia facti excusat would apply.” As such “borrowing” is not within the normal conception of theft held by laymen, and as the trial magistrate did not consider the point, it cannot be said on appeal that the requisite guilty knowledge existed. Conviction of second accused quashed. 281.Safiani s/o Shabani v. R., Crim. App. 9-D-68, 21/2/68, Georges C. J. Accused was convicted of stealing postal matter. [P.C. s. 267]. The facts as stated by the prosecution were that accused obtained Shs. 30/- by presenting a stolen Post Office Saving Book. Accused agreed with the facts and when asked to plead to the charge stated, “It is true.” This was recorded as a plea of guilty. Held: The money was not stolen but was obtained by false pretences since the postmaster voluntarily paid the money thinking since the postmaster voluntarily paid the money thinking that accused was the owner of the savings book. Conviction quashed and accused ordered to be re-charged. 282. Sisti Nganga Ami v. R., Crim, App. 265-A-67, 3/5/68, Platt J. Accused was convicted of theft by public servant. (P.C. s. 270). He was sen- tenced to two years imprisonment but no corporal punishment was ordered. There was evidence that accused, a Government Co-operative Inspector, gave advice as to the formation of a cooperative and received money for the purpose of registering the cooperative and received money for the purpose of registering the cooperative and depositing the remainder in a bank. The cooperative was never registered and no bank deposit was made. Several witnesses testified that they had seen accused sign receipts for the money and identified his signature on the receipt s when they were presented in court. Accused argued that testi-
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mony as to handwriting may only be given by experts and that the Minimum Sen- tences Act did not apply because the formation of cooperatives was not within his duties and the cooperative was not registered. Held; (1) Section 49 of the Evidence Act declares that the testimony of any person who is acquainted with a person’s handwriting in one of the prescribed ways is admissible to identify the handwriting. The weight attached to the testi- mony may vary with the qualifications of the witness and expert testimony may be required in some cases. However, this (1968)H.C.D. -102 – Is not such a case. (2) Although the cooperative was not registered and the for- mation of cooperatives is not within accused ‘s normal duties, the transaction was closely related to his proper duties and was gained “by virtue of his employ- ment” (P.C. s.) Therefore, the Minimum sentences act was applicable. Twenty four strokes corporal punishment ordered in addition to the two-year prison sen- tence. 283. Leornard s/o Fue v. R., (PC) Crim. App. 6-A-68, 3/4/68, Platt J. Accused was convicted in the Primary Court of forcible entry as a result of having built his house partially upon the complainant’s land. There was some evidence of negotiations between accused and complainant for permission to so build, but such permission was not in fact granted.
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  • Fall '17
  • Dean Majamba

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