Appeal Court, 7th February,
1942.
pg 19
Criminal Law-Stealing by clerk
or servant, section 390
(6) Appeal from Criminal
Code-General
deficiency-Conviction quashed.
Accused drew money on vouchers
and kept a book showing
particulars Court. of outgoings.
He was found to be £16 6s 9ld
short.
Held: This amounted to a general
deficiency in account and was
not sufficient to found a charge
of stealing.
The conviction was quashed.
Mckinstry
for Crown. Appellant not
present.
The following joint judgment was
delivered:-
KINGDON, C.J., NIGERIA, BUTLER
LLOYD AND BAKER, JJ.
In this case the appellant was
charged before Brace, Assistant
.Judge, in the Aba Judicial
Division of the High Court,.
with Stealing by a clerk or
servant contra section 390 (6)
of the Cnmmal Code.
The particulars given were:-
"Accused person between the
period 2nd January and 21st
"February, 1941, at Port
Harcourt in the Owerri Province,
being "a clerk to Messrs John
Holt
& Co., did steal the sum of £16
68 9ld, " the property of his
said employers and which came
into his p08St'88ioll "by virtue
of his employment."
He was convicted and sentenced
to two years imprisonment hard
labour. The simple facts were
that appellant was a clerk
employed by Messrs John Holt
& Co., and part of. his duties
was to post all letters and keep
a stamp book. He drew money on
vouchers for the purchase of
stamps and had to keep a book
showing particulars of
out-goings. Upon the Agent
becoming suspicious and making a
check the appellant was found to
be £16 6s 91/2 short of the
amount he should have had.
In our opinion this merely
amounts to a general deficiency
in account and is not sufficient
to found a charge of Stealing.
Appellant was not proved to have
stolen any particular stamps 01'
sum of money.
The appeal is allowed, the
conviction and sentence are
quashed and it is ordered that a
judgment and verdict of
acquittal be entered. The
appellant is discharged.
