[1976] UGHCCRD 1
The accused did not obtain money by false pretence because the complainant voluntarily handed over the money and instructed the accused to buy cigarettes. There was no false representation or initiation of the transaction by the accused. However, the facts revealed theft by conversion, as the accused failed to...
Source-derived case information.
- Citation
- [1976] UGHCCRD 1
- Parties
- Applicant: Uganda; Respondent: Okecho
- Court
- HC: Criminal Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Crim. Rev. No. 203 of 1976)
- Procedural Posture
- Criminal Revision / Judgment
- Outcome
- Conviction for obtaining by false pretence quashed and substituted with conviction for theft under section 252 of the Penal Code Act.
- Judges
- Allen, J
- Legal Topics
- False Pretence, Theft by Conversion, Criminal Revision, Sentencing, Conviction Substitution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uganda
Applicant
Okecho
Respondent
Procedural Posture
Criminal Revision / Judgment
Legal Issues
- 1 Whether the accused obtained money by false pretence within the meaning of section 289 of the Penal Code Act.
- 2 Whether the facts support a conviction for theft despite the charge being for obtaining by false pretence.
- 3 Whether the accused can be convicted of theft under section 151 of the Magistrates Courts Act, 1970, even though not charged with theft.
Ratio Decidendi
The accused did not obtain money by false pretence because the complainant voluntarily handed over the money and instructed the accused to buy cigarettes. There was no false representation or initiation of the transaction by the accused. However, the facts revealed theft by conversion, as the accused failed to deliver the cigarettes or return the money. Under section 151 of the Magistrates Courts Act, 1970, the court is empowered to convict for theft even if the charge was for obtaining by false pretence. Therefore, the conviction for obtaining by false pretence was quashed and substituted with a conviction for theft under section 252 of the Penal Code Act.
Court Disposition
Conviction for obtaining by false pretence quashed and substituted with conviction for theft under section 252 of the Penal Code Act.
Orders
- Accused convicted of theft under section 252 of the Penal Code Act.
- Accused sentenced to imprisonment for 12 months.
Full Case Text
Judgment text and source record
18 paragraphs
THE REPUBLIC OF UGANDA
UGANDA v. OKECHO
Uganda v. Okecho
(Crim. Rev. No. 203 of 1976)
JUDGEMENT
Criminal Law - accused charged with obtaining money by false pretence c/s 289 of Penal Code - Accused had been given money by complainant to buy cigarette but he did not buy them nor return the money - whether there was any obtaining by false pretences.
Criminal Procedure - accused charged with obtaining money by false pretence c/s 289 of Penal Code - Facts revealed theft - accused can be convicted of theft though not charged with it. s.151 M. C. A.. 1970.
The accused was convicted of obtaining money by a false pretence c/s 289 of the Penal Code Act.
He was sentenced to imprisonment for 12 months and ordered to refund the money to the complainant.
The complainant had given money to the accused to buy cigarettes for him but he never received the cigarettes. The accused stated that the money had been stolen from him when he fell into drunken sleep. The trial magistrate did not believe the accused’s story and so convicted him as charged.
On Revision:
Held: 1. The accused did not obtain money by false pretence because the complainant handed the money to him of his own free will and instructed or asked the accused to buy cigarettes for him. As the accused did not initiate the transaction, there was no false pretence and therefore the wrong offence was charged.
1. Under s.151 of the M. C. A., 1970, “when a person is charged with obtaining anything capable of being stolen by false pretences with intent to defraud, and it is proved that he stole the thing, he may be convicted of the offence of stealing although he was not charged with it.” 2. The facts of the instant case revealed theft by conversion as defined by s.245(3)(b) of the Penal Code Act, and therefore the accused should have been convicted of that offence.
Conviction of obtaining money by a false pretence c/s 289 of Penal Code quashed and substituted for it
a conviction of theft c/s 252 of Penal Code.
Dated this 29th of December 1976
ALLEN ,J
Highcourt