Mussa s/o Kandege v. R., (PC) Crim. App. 150-D-68, 18/7/68, Hamlyn J.

Mussa s/o Kandege v. R., (PC) Crim. App. 150-D-68, 18/7/68, Hamlyn J.

Accused was convicted of cattle-stealing in Primary Court. There, and in the District Court on appeal, he argued that he attempted to recover a bull and four cows in an effort to recover dowry paid in respect of a marriage which had Come to an end. Both courts evidently paid slight attention to the argument.

            Held: To convict for theft, a court must be satisfied that the taking was not done under a “claim of right” [citing P.C. s. 258(1)]. “It matters not ….. whether such claim can in fact be substantiated in law; the question …. Is whether the accused person, at the time of the commission of the act complained of, considered that he had any right to act so. Even if in law he had no such right, but considered that the taking was justifiable, then a conviction cannot be had.” Conviction quashed.