Governor Teghwete Ejarune V. The Queen (1954)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Stealing by clerk—Money drawn outside authorised credit—Criminal Code, section 385, proviso.

Facts

Appellant, a produce buyer in the employ of a company, had an agreement which authorised him certain credits for buying produce with on the company’s premises for cash.

Contrary to the agreement he drew further amounts, which were given to him in the belief that they were to be used by him for cash purchases; these he did not enter in the company’s cash book at the time of drawing the amounts but only after he had represented to the managers at a checking that he had given those amounts out as advances to two persons to bring in produce so that he might recoup losses incurred by the company and by himself of money of his own which he said he had used.

In fact these persons never materialised. The trial Judge was of the view that the appellant had put those amounts in his pocket and had not given them out as he said, and in any case had converted the money to his own use. The Judge convicted the appellant of theft.

He appealed, arguing that there was no fraudulent conversion and that it was a case of debtor and creditor transaction within the proviso to section 385 of the Criminal Code (relevant text in judgment infra).

Held

The amounts had been obtained by the appellant outside the terms of his agreement and could not be treated as items in his account; but the fact was that he had pocketed the money.

Appeal dismissed.