Abdalla Mohamed v. R., Crim. App. 894-D-67, 15/3/68, Georges C. J

Abdalla Mohamed v. R., Crim. App. 894-D-67, 15/3/68, Georges C. J

This case alternative counts of stealing by agent (larceny by trick) and obtaining money by false pretences. Accused was convicted on the second count and acquitted on the first count. Conviction below was quashed by the High Court because of insufficient evidence.

            The Court stated, obiter: “(T)he learned magistrate should have stated that having found the appellant guilty on the count of obtaining money by false pretences, he would enter no verdict on the stealing count. This is preferable to acquitting the appellant. The line between obtaining by false pretences and larceny by trick is often fine. If the accused person is formally acquitted on the alternative count, a court of appeal may (think) that that was the count of which a conviction should have been entered and be unable to act because of the acquittal.”