Tambwe v. R. Crim. App. 853-M-70; 7/6/71; El-Kindy Ag. J.

 

Tambwe v. R. Crim. App. 853-M-70; 7/6/71; El-Kindy Ag. J.

Appellant was charged with and convicted of obtaining money by false pretences c/s 302 of the Penal Code. The appellant falsely represented himself to be an employee of a Government department and thereby received Shs. 15/= per day for 5 days as allowances for having been a witness in a criminal case. But for the representation, he would have been entitled to Shs. 5/= per day. Appellant denied that he told the paying authorities that he was an employee of a Government department but that he simply said that he was once employed by the Government.

            Held: (1) “The appellant, who was once an employee of a Cooperative Division of a Government Department, ought to have realised that he was being paid at a rate of an employee of a Government department, and therefore if he was honest person he should have asked the Chief Clerk why he was being paid at that  rate …………… This left no doubt that the appellant deliberately and with intent to defraud obtained money by means of a false pretence.” (2) “As for the sentence, the appellant said that the trial magistrate failed to consider the fact that he had many dependants and the hardship which befell his dependents as a result of the conviction and sentences ……….. [The] appellant should not have committed this offence if he had the interest of his dependants at heart. The appellant cannot reasonably blame the courts of law for the consequences which follow from his own criminal acts. He has himself to blame for the hardships to his dependants.” (3) Sentence of 9 months imprisonment not excessive. (4)  Appeal dismissed.