Kataliche s/o John v. R., Crim. App. 519-D-67, 6/9/67, Saidi J.

Kataliche s/o John v. R., Crim. App. 519-D-67, 6/9/67, Saidi J.

Accused came across a cow with a broken leg, which he killed, leaving only the head and skin. He was convicted of cattle theft, and sentenced under the Minimum Sentences Act to three years imprisonment. (No strokes were imposed because he was over 45 years of age.)

            Held: (1) Asportation is one element of the offence of theft. As there was no evidence that the whole animal had been moved, there could be no conviction for cattle theft. Conviction for killing a cow with intent to steal its carcass was substituted. (2) Section 279 of the Penal Code provides, “Any person who kills any animal capable of being stolen with intent to steal the skin or carcass, or any part of the skin or carcass, is guilty of an offence, and is liable to the same punishment as if he had stolen the animal.” The sentence of three years imprisonment was upheld because “It appears that the offence falls within the ambit of the Minimum Sentences Act.”