R. v. Daniel Kambegwa, Crim. Rev. 170-D-67, 6/4/68, Duff J.

R. v. Daniel Kambegwa, Crim. Rev. 170-D-67, 6/4/68, Duff J.

Accused was charged with theft by public servant  [P.C. 265, 270]. The prosecution stated that a bonnet stand was missing from a motor vehicle, and that accused was seen some days later using it as a walking stick. Accused answered the charge by saying “It is true.” When asked if there were special circumstances which might warrant leniency under the Minimum Sentences Act, he stated that he had not know that the bonnet stand was of any use, and that he had taken it to use as a stick.

            Held: (1) In a prosecution for larceny, it is irrelevant that the property taken may be of no value, or that the owner may intend no further use for it. (2) In this case, the “plea of guilty” was equivocal, since the gist of accused’s position was that the bonnet stand had been abandoned. Conviction quashed.