Lexicon Oduntu v. R., Crim. App. 721-M-69, 2/1/70, Seaton J.

Lexicon Oduntu v. R., Crim. App. 721-M-69, 2/1/70, Seaton J.

The appellant was convicted of theft of a bicycle. It appears from the evidence that he borrowed a bicycle from the complainant, his brother-in-law, on 3^rd March, 1969 and disappeared. Some four months later, the complainant managed to recover the bicycle when he met the appellant near the latter’s home on 10^th July, 1969. The complainant testified that the appellant had persuaded him to lend him the bicycle by saying the wanted it to go to see a certain person at a mission some 3 miles away and would return it the same day. The Resident Magistrate believed the complainant. He also found that the appellant had converted the bicycle to his own use, and so convicted him of theft.

            Held: “Leaned State Attorney did not support the conviction submitting that the bicycle was loaned hence the original taking was lawful and there was no subsequent overt act showing an intention permanently to deprive the owner thereof. With respect, I would agree that the prosecution evidence did not establish beyond reasonable doubt an intention to deprive the complainant permanently of his bicycle. However, as the trial court believed the bicycle was retained for 4 months when it was only lent for a day I think that the prosecution had established beyond reasonable doubt that the appellant unlawfully converted the bicycle to his use. I accordingly quash the conviction for stealing under s. 265 of the Penal Code and substitute a conviction for the minor offence of conversion not amounting to theft under s. 284 of the Penal Code.”