Kwame Aboah V. The Queen (1954)

LawGlobal Hub Judgment Report – West Africa Court of Appeal

Criminal Law—Stealing by treasurer—Defence ofgeneral deficiency

Facts

The appellant was a Native Authority Treasurer; he collected revenue and paid out salaries and the like. At a checking of his accounts there was a shortage in his cash of a certain amount, which he admitted was missing but could not explain why.

At his trial he admitted on oath that at the checking he was short of that amount but denied stealing it. He was convicted of stealing it and appealed on the ground that the evidence disclosed only a general deficiency.

Held

Appellant in effect admitted that that amount ought to have been in his safe, so it was not a case of general deficiency.

Case cited:—
Rex n. Morris, 24 Cr. App. R. 105.

Appeal by convicted person: No. 79/52.
Koi Larbi for Appellant.
G. V. C. Young, Crown Counsel (Akiwumi with him), for the Crown.