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R. v. Ngobili s/o Mpulula, Crim. Rev. 27-D-68, 9/4/68, Duff J.
Accused was convicted of a corrupt transaction [Prevention of Corruption Ordinance, Cap. 400, ss. 3(2), 3(3)(a)], having given forty shillings to a Primary Court clerk. The sentence include an order of forfeiture of the amount to the Government.
Held: Under section 3(3)(b), forfeiture can be ordered only when the accused was the receiver, rather than the giver, of money. Order of forfeiture set aside.
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