Daisy A.Venn v The State (SC CR APP 2 of 1977) [1977] SLSC 4 (14 December 1977)

: fr x THE Suereekéme om srs sow 26 fr. DP Ono, SAPpieO ayes

meetin : Respowneee NLM. TEIAMACOLE,BSQ. FoR “Tm appease DR, SANKOLE THOMPSON RoW THE nEsROMMT comasts— 4 Mon. Chief Justicn 6.0.8. cols “= Prentain : Hon. Mr.Justics E.Livesey Luke - Justine of the 4 Suprene Seart 4 Non. Mr. Justice C.A. Harding - Justine at ane seorane Gott Hon. Mr. Justice K.P.0, During = Juatins af Appeal a Hon, Mr, Justice F.A. Short - Justices of Appeal su i JuaMEn? perrveren tHe 4 bay or December yor7, i a COLE, C.J.1- Learned Counsel for the appellant in ovening 7 1 this appeal, submitted that the pith and marrow of thts eppoal q Feet on the anavors to be elven to four questions of greet \ . i constdtutional 1oga importance, nshety1. 4 (4) whether the vord "State” is aynamymnn : with the word "Government®; ig (44) whether at the materiql time of the allazea offences the appellant was n public officer under Section 93 of the constitution of Siarre Leone 1971 (Act Now 6 of 1971) and, 1¢ 20, whether an lay q she can be regarded as an omployee of "the State* = a8 distinct trom an employes of "the Government a of Sierra Leone; : . (444) whether 4 te correct to hold that ane uns + 5 @ clerk or servant of the State of Sierra Leone fand vhéther the vouchers in question, namely, \ i Bunibits C, D&B vere the property of otther the State of Sierra Leone or the Government of 3 Storra Leones and 3 beeeeeee)

| (iv) whether the Cont of Append vos wight tr holding that ns from the 19th Ansit 1971 and } by virtue of the Constitution (Cansagiontint q Provisions) Act 1971 (Act No. 9 ef 1971) oxtotiny r acte, Liabilities aod chitgations ware [ note, Wahilitios and oblicntions of the Shuts on | the date of conviction.

1 ‘The facts of the onse are not in dispute. J wilt stata J tren as succintty an T possibty can.

7 ‘The appellant was convicted on the 29th day of Anos |, 1975 on an indictment presented to the Mich Court an tx | counts, three of which wore for falsification of accounts | contrary to Section 1 of the Palsifiontion of Accoimts Act J, 1975 and tne other then for inneeny contrary te Seation

: | 17(4)(a) of the Larceny Act 1916. She vas sentenced to F —vartous terms of imprisonment againat which sentences she

, [has not appealed. ‘The appellant appealed against har

conviction to the Court of Appeal vhich on the 2th tay

: fof September 1976 dismissed the appeal and affirmed her ff convictions. From this judgment the appellant has appested

to this Court on the following groundet~ "(A) Whether a Pubite Officer unde Seotion 93(1} i of the Constitution of Sierra Leone Act No. 6 of | 1971 as amended, nn be convicted of Fates tication a of Accounts under section of the Falsification of | Accounts Act 1875 Af An the Particulars of the E oftence and during the trial it 4s laid and proved a respectively that the document or accounts helong a to the State of Sierra Leone. a

(44) Whether on charges as (1) above, the Public a ofticer can be convicted 4 the Particulars of ; a Offence state that her employer te the Stata of i , Sterra Leone. : ] (445) nether tne same officer as (1) avove can a be convicted of offences of Larceny by servant é under Section 17(1)(e) of the Larceny Act ir a the Particulars of the Statemant of Offence allere q that she is a clerk or sorvant to the State of : ia . i seyeeee/9)

Sierra Leone. (se) nother ane cnn be convieted of an offence under (A441) Af the Partiqutars allene that she stole from the State of Sierra Laone. (v) whether raving vorard tp statutory nrovistone fod ease lav in Starr Leone re the tore "Government! the Court of Appeal is right to hold that einer amett 1971 property of the Government of Sierra Loons have become the property of the State of Sher Lanna, (v4) Whether tn a oriminal trial py Judge atone, the defence would have been adequately conetderen by the Trial Judge when in the review of the evidence Of the onse for the Prosecution, ha indicated thet he has read the statenent of the acevsed and with ' conment on St later tut faited to do so nnd tains : to consider and rofer in his sudenent poesibte 7 detence ariaing fron the evidence,* : There was another crovnd of appeal vaich wae abandoned. As T have already stated at the opening of this judguent the crounds of appeal are condensed to aneverine the euesvions ; already posed. Those questions also include the ali-importent q avention wnether the Seate of Slersa Leone iss nerson tn tng within the ambit of our muntespel Lev. i ; By Letter of appointment dated the 2kth may, 1957 having satisfactority completed her training 4n the Clerks i 7 Training School, the appellant vas oftered appointwant ne a Tird Grade Clerk in the Income Tax Departmant of the then Government Service of Siorra Leone. ‘The anpeintaent wns Pensionable, On the 31st May 1957 she accepted tw writing ‘the appointment on the conditions set out. She worked tn the ; Income Tax Department uns 1968 ven she vas tronsteoren te the Technical Institute, which was a branch of the motsere of Bducation, ao Chief Clerk. Hor duties included geneoat | Administration, preparation of Inprest Rooks and paying of salaries of staft of the Institute. she remained « crete Servant and a Public otftcer up to the date of her conviction, ‘The exprension "Public Officer" 4s defined in the Sierra Leone (Constitution) Onder-in-Conneit 1961 (P.M, to7® of 1961) : teeees/t)

a

4 (noreattor veterred te a5 "hve 1961 Constitution"), Sento 4 107(1) reads as tottowss= 4 Apublic officer? means a person holding oF j noting tn a public office". 4 The expression "pwhlic officet is miso defined in the sane 4 Ondernin-Councit to mean an offer of dmolimant in tye pubtte ; servicn." ‘The expreasion "public service” fs also defined in the arms Order-tin-Couneil. It means "subject to the rrevintovs of abe sections (2) and (2) of this gestion, the series of the Crown : im a otvil capacity in respect of the ‘zoverment af Stamma ; Leone and includes tho serview of the Grows tn > cftht eapaetty 4 in respect of the covernamnt of the former Cotmny ond Pratecte= rate of Sierra Leone."

: a For the purpose of this case 1 La not necessary to

Fi E construe subcseotions (2) and (2) af thio aeahtay mov qunteds

. a The Constitution of Sierra Leone 1971 (4 6 of 1071)

: g Alea defines tpuhtie affteart, "public efetert vst the fouhtte service". Th te not necessary to nat ost these JoFint thons because they are tn avbatence the same as those contatned tn

a the above quoted definitions.

a ‘The Constitution of Sierra Leone 1971 (Act No. 6 of 1971) i: came into force on the 19th April 1971, T shall herentter a refer to At as "the 1971 Constitution*. By Section 95 Lt

a revoked the 1961 Constitution. There can be ro doubt thet.

| the 1971 Constitution preserved the Locat ponttivn of alt

5 public officers within the meaning of both Constitotions,

L vhich T have already quoted, as at that date, that is,

‘3 19th April 1971. Therefore, on the dates of the alleged

E offences and throughout the vhole of 1972, the appelinnt was a @ public officer and was so up to the date of her conviction. 5 seee/5)

: q

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