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Rex v Patel (Criminal Appeal No. 326 of 1945) [1946] EACA 65 (1 January 1946)
- Citation
- [1946] EACA 65
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- East African Court of Appeal
- Panel
- De Lestang, Ag. J, Sheridan CJ
- Case number
- Criminal Appeal No. 326 of 1945
- Language
- English
More details
- Court
- East African Court of Appeal
- Panel
- De Lestang, Ag. J, Sheridan CJ
- Case number
- Criminal Appeal No. 326 of 1945
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that when the native paid Sh. 9 to the accused for a lamp in advance, both possession and property in the money passed to the accused. Even if the accused acted with fraudulent intent, the subsequent conversion or denial of receipt did not amount to theft under section 269 of the Penal Code, as the property had already passed. The law does not distinguish between English law and local law on this point. Therefore, the conviction for theft could not be sustained.
Court disposition
appeal_allowed
Orders
- Conviction and sentence quashed.
- Fine, if paid, to be refunded to the appellant.
02
Material facts
Parties
Dayabhai J. Patel
Appellant Counsel: MangatRex
Respondent Counsel: ToddAmounts and remedies
- Fine Refunded: KES 9
03
Procedural history
Posture
Criminal Appeal / Appeal
04
Questions and positions
Legal issues
- 01
Whether the accused's conduct constituted theft under section 269 of the Penal Code.
- 02
Whether property in the money passed to the accused at the time of the transaction.
- 03
Whether subsequent conversion by the accused amounted to theft.
Party arguments
- Applicant
- The appellant contended that the native parted with both possession and property in the money when he paid for the lamp in advance, and therefore, subsequent denial or conversion by the accused could not constitute theft under section 269 of the Penal Code.
- Respondent
- The Crown argued that the accused acted with fraudulent intent from the outset and that his subsequent denial of receipt of the money and refusal to return it amounted to theft.
05
Court’s reasoning
Legal principles
- 01
Archbold, 31st Edition, page 495
The subsequent conversion by a person in whom the property in the article converted has passed does not constitute theft, regardless of that person's intention.
- 02
English law and local law; Penal Code section 269
A person cannot be convicted of theft for converting property that has already passed to him with the owner's consent.
06
Ratio, limits and disposition
Ratio decidendi
The court held that when the native paid Sh. 9 to the accused for a lamp in advance, both possession and property in the money passed to the accused. Even if the accused acted with fraudulent intent, the subsequent conversion or denial of receipt did not amount to theft under section 269 of the Penal Code, as the property had already passed. The law does not distinguish between English law and local law on this point. Therefore, the conviction for theft could not be sustained.
Obiter and limits
- Despite the fraudulent and mean conduct of the accused, the law does not permit a conviction for theft in these circumstances.
- Trust between parties in commercial transactions does not alter the legal position regarding the passing of property.
Court disposition
appeal_allowed
- Conviction and sentence quashed.
- Fine, if paid, to be refunded to the appellant.
Source and reliance status
East African Court of Appeal
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
East African Court of Appeal
Judgment
APPELLATE CRIMINAL
Before SIR JOSEPH SHERIDAN, C. J., and DE LESTANG, Ag. J.
REX. Respondent v.
DAYABHAI J. PATEL, Appellant Criminal Appeal No. 326 of 1945
Criminal Law—Theft of money S. 269 Penal Code—Possession as well as property in the money parted with—Subsequent conversion—No theft.
A native went into the accused's shop to purchase a lamp. The accused said he had no lamps and persuaded the native to give him Sh. 9 saying that when the lamps came he would get one. The native returned a few days later and asked for his lamp. The accused said he had none. The native asked for the return of the Sh. 9 and the accused denied ever receiving the money. The accused was convicted of theft. He appealed.
Held (4-4-46).—The subsequent conversion by a person in whom the property in the article converted has passed does not constitute theft whatever the intention of that person may he.
Appeal allowed.
Mangat for the Appellant.
Todd, Crown Counsel, for the Crown.
JUDGMENT.—Shortly, the facts of this case are that a native went into the accused's duka with a friend to buy a lamp. The accused said he had no lamps and persuaded the native to give him Sh. 9, saying that when the lamps came the native would get one. Although the native asked for a receipt, the accused said there was no need for one, as they knew each other. The native agreed. Returning a few days later and asking for a lamp the accused said he had none and on being asked to return the Sh. 9, said that he had never received the money. On these facts the Magistrate found the accused guilty of theft. Accepting the facts as found by the Magistrate and assuming that the accused from the outset had fraudulent intent, which would appear to have been the case, the question is whether the native when he parted with possession of the money intended to pass the property in it. If he did there could be no theft for a person cannot convert what has already passed to him. On this point there is no difference between English law and the local law and the cases on the point are referred to at page 495 of the 31st Ed. of Archbold. On the evidence it is clear that the native, trusting the accused, paid for a lamp in advance, parting with both the possession and the property. In these circumstances, despite the fraudulent and mean conduct of the accused, the conviction for theft cannot be had. The appeal is allowed, the conviction and sentence quashed, and the fine, if paid, is directed to be refunded.
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