Commissioner of Police V. Benjamin Frank Asamoah (1938)

LawGlobal Hub Judgment Report – West African Court of Appeal

Convictions for stealing, contra sec. 270 (1) of Cap. 9.—Secs. 27 and 32 (2) of Cap. 9 considered.

Facts

The appellant was chairman and representative of a trading corporation which had an agreement with a farming union whereby the former was to market the cocoa of the latter. The union consigned cocoa to another corporation but before delivery to it the appellant obtained exercising possession of the cocoa, signing the consignment note and receipts. He then appellate openly caused the cocoa to be taken to a store he had hired. He was jurisdiction. convicted on two counts of stealing.

Held

There being no evidence that the appellant converted the cocoa to his own use appeals allowed.

For these reasons the appeal is allowed, the findings and sentences are reversed and the appellant is acquitted and discharged.