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Uganda v Okecho (Criminal Revision 203 of 1976) [1976] UGHC 1 (29 December 1976)
- Citation
- [1976] UGHC 1
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- High Court of Uganda
- Panel
- Allen, J
- Case number
- Criminal Revision 203 of 1976
- Language
- English
More details
- Court
- High Court of Uganda
- Panel
- Allen, J
- Case number
- Criminal Revision 203 of 1976
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The accused did not obtain money by false pretence because the complainant voluntarily handed over the money and instructed the accused to buy cigarettes, with no false representation or initiation by the accused. The facts instead revealed theft by conversion, as the accused failed to return the money or deliver the cigarettes. Under section 151 of the Magistrates Courts Act, the court is empowered to convict for theft even if the charge was for obtaining by false pretence. The conviction for obtaining by false pretence was therefore 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 c/s 252 of Penal Code Act.
- Accused sentenced to 12 months imprisonment.
- Accused ordered to refund the money to the complainant.
02
Material facts
Parties
Uganda
ApplicantOkecho
RespondentAmounts and remedies
- Imprisonment Term Months: 12
03
Procedural history
Posture
Criminal Revision / Judgment
04
Questions and positions
Legal issues
- 01
Whether the accused obtained money by false pretence under section 289 of the Penal Code Act.
- 02
Whether the facts support a conviction for theft despite the charge being for obtaining by false pretence.
- 03
Whether the accused can be convicted of theft under section 151 of the Magistrates Courts Act, 1970, even though not charged with it.
Party arguments
- Applicant
- The prosecution argued that the accused obtained money by false pretence, having received money from the complainant to buy cigarettes but failing to deliver the cigarettes or return the money.
- Respondent
- The accused claimed that the money was stolen from him while he was asleep after drinking, denying any intention to defraud or to obtain the money by false pretence.
05
Court’s reasoning
Legal principles
- 01
Section 151, Magistrates Courts Act, 1970
A person charged with obtaining by false pretence may be convicted of theft if the facts support it, even if not charged with theft.
- 02
Section 289, Penal Code Act
Obtaining by false pretence requires that the accused initiates the transaction by making a false representation.
- 03
Section 245(3)(b), Penal Code Act
Theft by conversion is committed when a person lawfully receives property and then dishonestly converts it to his own use.
06
Ratio, limits and disposition
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, with no false representation or initiation by the accused. The facts instead revealed theft by conversion, as the accused failed to return the money or deliver the cigarettes. Under section 151 of the Magistrates Courts Act, the court is empowered to convict for theft even if the charge was for obtaining by false pretence. The conviction for obtaining by false pretence was therefore quashed and substituted with a conviction for theft under section 252 of the Penal Code Act.
Obiter and limits
- The trial magistrate erred in not considering the distinction between false pretence and theft by conversion.
- The accused's explanation of losing the money while drunk was not credible and rightly rejected.
Court disposition
Conviction for obtaining by false pretence quashed and substituted with conviction for theft under section 252 of the Penal Code Act.
- Accused convicted of theft c/s 252 of Penal Code Act.
- Accused sentenced to 12 months imprisonment.
- Accused ordered to refund the money to the complainant.
Source and reliance status
High Court of Uganda
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.
High Court of Uganda
Judgment
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.
> 2. 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."
> 3. 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
<u>false pretence</u> <u>c/s</u> <u>289</u> <u>of Penal</u> <u>Code quashed and substituted for it</u><br><u>a conviction of theft c/s 252 of</u><br><u>Penal Code.</u>
Dated this 29<sup>th</sup> of December 1976
ALLEN,J
Highcourt
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