Held:
Transaction must be with a
person employed in public
service and appeal allowed in
respect of one count, but in
respect of other counts appeal
dismissed.
There is no
need to set out the facts.
Appellant in person.
C. N. S.
Pollard for Crown.
The following
joint judgment was delivered:-
KINGDON, C.J.,
NIGERIA, PETRIDES, C.J., GOLD
COAST AND WEBB, C.J., SIERRA
LEONE.
There is no
substance in the appellant's
grounds of appeal, but counsel
for the Crown has pointed out
that the particulars given and
facts proved under the third
count do not disclose any
offence under section 100 of the
Criminal Code. It is essential
under that section that there
should be a transaction pending
likely to take place with a
person employed in the public
service. In this case in place
of a person employed in the
public service there was a
private prosecutor.
We 8.gree
with this view and accordingly
the appeal is allowed in respect
of the third count, the
conviction and sentence passed
on that count are quashed and it
is directed that in respect of
that count a judgment and
verdict of acquittal be entered.
The appeal in
respect of the conviction and
sentence on the second count is
dismissed, and the appellant
will serve the term. of twelve
months I.H.L. passed upon him in
respect of that count.
