Rex V. Tom Anyadiegwu (1943)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Stealing by clerks and servants contrary to section 390 (6) of the Criminal Code—Conversion of employer’s monies.

Facts

The appellant was employdd as the Treasurer of the Elu Elu Native Administration. in the coiurse of his duty he kept a cash book, and in it he entered as paid three sums of money totalling £6 lOs Od which in fact were not then paid. In so doing he acted in accordance with the approved accounting practice of the Native Administration. He kept the moneys of his employers in two safes. On 19th November, 1942, he transferred a sum of £6 lOs Od from one of the safes to the other. On 23rd November, 1941, the money in the second safe was checked in appellant’s presence, and a shortage was discovered. The appellant concealed the fact that he had transferred £6 lOs Od to that safe. Had he mentioned it, the shortage would have been increased by £6 10s Od. He was suspended from duty next day. The three sums amounting to £6 10s Od, which he had entered in the cash book as paid, still remained unpaid, He was charged with stealing these three sums, and was convicted, the trial Judge holding that there had been a conversion of these sums by him to his own use.

Held

The moving of the three sums by the appellant from one safe belonging to his employers to another safe belonging to his employers did not in law amount to a conversion of them to his own use. Conviction and sentence quashed.

The appellant is discharged.