Ale s/o Iddi v. R. Crim. App. 64-A-67; 22/6/67, Geoges, C.J.

Ale s/o Iddi v. R. Crim. App. 64-A-67; 22/6/67, Geoges, C.J.

Accused was convicted of theft on the following facts. Complainant gave him shs. 580/- of old Tanzanian notes to be exchanged for new notes. Although complainant wanted all the money back, accused returned only Shs. 400/- in new notes giving complainant a written acknowledgement of Shs. 180/- not paid. Accused kept avoiding complainant, who finally brought the matter to the attention of the police. Accused ’s defence was that the Shs. 180/- constituted a loan.

            Held: A person who uses money entrusted to him voluntarily by another may be guilty of larceny even if he intends to repay it. Accused may have intended to repay, but the evidence established that he used complainant’s money for his own purposes without permission to do so. The conviction for theft was upheld.