Moses s/o Masimba v. R., Crim. App. 732-D-69, 5/12/69, Saidi J.

 

Moses s/o Masimba v. R., Crim. App. 732-D-69, 5/12/69, Saidi J.

The appellant was convicted (inter alia) of fraudulent false accounting c/s 317 (a), Penal Code.

            Held: “The learned State Attorney stated that he was unable to support the conviction for the reason that the particulars of the offence were incomplete and defective. In this instance the words “with intent to defraud” were not included in the particulars of the offence of fraudulent false accounting. In a similar case, Omari Juma v. R., 1968 H.C.D. n. 441, Duff J. held that the omission of these words was not a curable irregularity, and the conviction had to be quashed. I think the same applies to this case. Accordingly the conviction on the second count of fraudulent false accounting is quashed and the sentence passed thereon set aside.”