Paulo Kulola v. R., Crim. App. 396-M-68, 1/6/68, Mustafa J.

Paulo Kulola v. R., Crim. App. 396-M-68, 1/6/68, Mustafa J. 

Accused met two persons in a bus station, and convinced them that they should hide the money they were carrying, last it be taken by customs officials He persuaded them to give him Shs. 20/- and 50/- respectively, whereupon he purchased envelopes in which he suggested he would put the money. He instead put paper in the envelopes and proceeded to show his victims how to hide the envelopes on their persons. Accused was convicted of obtaining money by false pretences.

            Held: Since the victims at no time intended to part with more than the temporary possession of their money, the offence committed was not obtaining money by false pretences, but larceny by trick. Conviction of theft {P.C. s. 265] substituted.