Waziri s/o Abdallah v. R., Crim. App. 273-D-68, 12/7/68, Georges C. J.

Waziri s/o Abdallah v. R., Crim. App. 273-D-68, 12/7/68, Georges C. J.

Accused, the secretary of a cooperative society, was convicted of three counts of stealing by servant [P.C. 265 ss. 271] and was sentenced to two years imprisonment and 24 strokes under the Minimum Sentences Act. There was evidence that accused knowingly submitted vouchers to the treasurer of the society for traveling expenses and “posho” which were in excess of the amount due to him and as a result received excess payment of three occasions of Shs. 21/-, Shs. 27/- and Shs. 48/-.

            Held: The crime was obtaining money by false pretences rather than of stealing. Conviction for obtaining money by false pretences substituted, and sentence reduced to imprisonment of one year as the Minimum Sentences Act was not applicable to the substitute conviction.