Ndiwayi v. R. Crim. App. 125-D-71; Biron J.
The appellant was convicted of stealing by agent c/s 273(b) and section 265 of the Penal Code and sentenced to 8 months imprisonment. The prosecution’s case was that the complainant apparently wishing to purchase a rifle and not having the where withal to do so, borrowed 100/- from a cousin of his and handed the money to the appellant in order to use it in a business enterprise for the purchase and sale of fish. The appellant retained the money.
Held: (1) (After guoting the provisions of section 261 and 273 of the Penal Code) “In view of the fact that in this case the money was entrusted to the appellant to engage in a business enterprise, in retaining such money he cannot be held to have stolen it as an agent, as I think is abundantly clear from the wording of the sections set out.” (2) [Distinguishing Bwire v.
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