323 rashidi so ramadhani v r crim app163 d 68 29568

Info icon This preview shows pages 578–581. Sign up to view the full content.

323. Rashidi s/o Ramadhani v. R., Crim App.163-D-68, 29/5/68, Georges C. J. Accused presented a cheque for Shs. 420/- at the National Bank of Commerce in Iringa. The words on the cheque clearly stated the amount, but the numbers ap- peared to be “Shs. 4,210/-.” Accused replied to a question by the clerk, stating that this was the sum to be paid, and was then given this amount. He was con- victed of theft, and sentenced under the Minimum Sentences Act on the ground that the funds were Government property, and ordered to pay compensation.
Image of page 578

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Held: (1) Accused ’s action here constitutes larceny, as defined in section 258 of the Penal Code, “because quite clearly he had fraudulently converted the excess paid to him to his own use,” with the intention to steal being fully formed at the time he received the money. (2) As a corporation, the National Bank of Commerce has an independent existence. “Even though the corporation is owned by the Government, its property cannot be said to be Government proper- ty any more than can the property of a company be called the property of its shareholders, no matter own few they may be.” Thus, the case is one of simple theft, and the Minimum Sentences Act does not apply. (3) Accused did not plan to rob the Bank, but instead “was subjected to a sudden temptation and he yielded. There was gross carelessness on the part of the employee of the Bank which created the situation.” A sentence of 2 years’ imprisonment is too severe. (4) Since the case does not fall under the Minimum Sentences Act, the power of the High Court to order compensation is limited to an (1968)H.C.D. - 120 – Order for Shs. 2,000/- It is therefore preferable to allow the Bank to pursue its civil remedy. Sentence reduced to 6 months; order for compensation quashed. 324. Abdi s/o Omari . R., Crim. App. 271-D-68, 11/6/68, Hamlyn J. Accused were convicted on six counts of stealing by servant, the total amount involved in the six offences being Shs. 170/-. The sums involved in each count, however, were each less than Shs. 100/-. Both accused were first offenders. Sentences under the Minimum Sentences Act were imposed. Held: The court is not entitled to aggregate the value of the property stolen in each of several thefts charged in separate counts, so as to arrive at a total sum of over Shs. 100/- and there by deprive the accused of consideration for le- niency under section 5(2) of the Act. [Citing R. v. Aloys Kapande (1964) E.A. 287]. Here, since each count involved less than Shs. 100/-, and since accused were first offenders, the record must be returned to the trial court for an inquiry
Image of page 579
into the special circumstances, if any, which might justify imposition of less than 2 years’ imprisonment and 24 strokes. 325. R. v. Angasisye s/o Mwaikuga , Crim. Rev. 12-D-68, 6/4/68, Duff J. The day after the Water Development Department had hired several workers, accused offered Shs. 10/- to the Department agent charged with hiring, to obtain similar work. The High Court’s summary of the situation is that “it was clear by then that [the agent] was in no position to assist the accused, it also being ap- parent that [the agent] was not a man to succumb to temptation.” Being convicted
Image of page 580

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Image of page 581
This is the end of the preview. Sign up to access the rest of the document.
  • Fall '17
  • Dean Majamba

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern