Alfred Christopher Carere v. R., Crim. App. 229-D-67; 31/5/67; Georges, C. J.

Alfred Christopher Carere v. R., Crim. App. 229-D-67; 31/5/67; Georges, C. J.

Accused was convicted of stealing by persons in the public service. (P.C. ss. 265, 270.) In his capacity as commercial manager for Radio Tanzania, accused arranged with third persons for the production of a radio programme. The programme was to be sponsored, and was not to be produced by Radio Tanzania. However, circulars sent to advertisers suggested that the programme was a Radio Tanzania production and that fees which they paid would be paid to Radio Tanzania. After confused negotiations, accused himself formed a firm which sponsored the programme and the fees were retained by this firm.

            Held: Accused was under no obligation to pay the funds to Radio Tanzania. In these circumstances, he was not guilty of stealing even if the advertisers were under the mistaken impression that the fees were for the benefit of the radio station. Citing Rajabu Nbaruku v. R., (1962) E.A. 669; R. V. Cullum, (1873) 2 C.C.R. 28; distinguishing Burton Mwakapesile v. R., (1965) E.A. 407. (2) The evidence was insufficient in any event to prove that the advertisers were misled as to the recipient of the fees.