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Safiani s/o Shabani v. R., Crim. App. 9-D-68, 21/2/68, Georges C. J.



Safiani s/o Shabani v. R., Crim. App. 9-D-68, 21/2/68, Georges C. J.

Accused was convicted of stealing postal matter. [P.C. s. 267]. The facts as stated by the prosecution were that accused obtained Shs. 30/- by presenting a stolen Post Office Saving Book. Accused agreed with the facts and when asked to plead to the charge stated, “It is true.” This was recorded as a plea of guilty.

            Held: The money was not stolen but was obtained by false pretences since the postmaster voluntarily paid the money thinking since the postmaster voluntarily paid the money thinking that accused was the owner of the savings book. Conviction quashed and accused ordered to be re-charged.

  

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