Uganda v Okecho (Criminal Revision 203 of 1976) [1976] UGHC 1 (29 December 1976)
Court
High Court of Uganda
Case number
Criminal Revision 203 of 1976
Judge
Allen, J
The High Court held that Okecho was wrongly convicted of obtaining by false pretence, but the facts supported theft by conversion, so the conviction was substituted.
Uganda v Oketcho (Crim. Rev. No. 203 of 1976)) [1976] UGHCCRD 1 (29 December 1976)
Court
HC: Criminal Division (Uganda)
Case number
Crim. Rev. No. 203 of 1976)
Judge
Allen, J
The High Court held that the accused did not obtain money by false pretence, but the facts disclosed theft by conversion. The conviction was quashed and substituted.
The court held that the offence of theft is completed as soon as there is an overt act showing a departure from the instructions regarding entrusted property, resulting in wrongful gain to the person entrusted and wrongful loss to the owner. Whether the intention to convert the property arises before or after receipt is immaterial. Once theft is complete, the foundation for a case of receiving stolen property with guilty knowledge is established. The appellant's argument that the property was not stolen prior to receipt was rejected, as the conversion by the second and third witnesses constit…