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Laurian Kabobwe v. R., (PC) Crim. App. 147-D-67; 12/5/67; Hamlyn, J.

 


Laurian Kabobwe v. R., (PC) Crim. App. 147-D-67; 12/5/67; Hamlyn, J.

Accused was convicted of stealing bananas under section 265 of the Penal Code. The sole dispute was whether the accused or the complainant was the owner of the shamba from which the bananas were taken. Section 258 of the Penal Code states: “A person who fraudulently and without claim of right takes anything capable of being stolen… is said to steal that thing.”

            Held: It is not theft to take goods under a genuine claim of right: “It is immaterial whether such claim is properly based in law, as long as (the accused) believes it to be good.” Conviction set aside.

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