Aniset Bonaventura v. R. Crim. App. 281-M-67; 23/6/67; Cross, J.

Aniset Bonaventura v. R. Crim. App. 281-M-67; 23/6/67; Cross, J.

Accused was convicted of theft by public servant (P.C. ss. 265, 270). The magistrate found as a fact that he had formed animus furandi on the date he deposited a certain sum in his bank account, and also on the date his bank account was credited with another sum.

            Held: The English Larceny Act emphasizes animus furandi at the time of the taking and carrying away of the goods concerned. The Tanzania Penal Code, s. 258, however, like the Uganda Penal Code, is so worded that “the offence can be committed not necessarily at the time of taking and carrying away but even at any  time subsequently thereafter depending …… on the circumstances.” Citing Bwire v. Uganda (1965) E.A. 606, 610. Conviction upheld.