Property crime

Sierra Leone — Court of Appeal · 2014

Principle established: In criminal cases involving the handling of project funds, the prosecution must establish the specific legal obligation of the accused to deal with the property in a particular manner.

Lanbuk on the Law of Torts · 1722

Principle established: A finder has a right to the thing against everyone except the true owner.

Sierra Leone — Court of Appeal · 2012

Principle established: A person convicted of receiving stolen goods may apply for bail pending appeal, although costs are generally not awarded in such criminal applications.

Sierra Leone — Court of Appeal · 2015

Principle established: An application for bail pending appeal may be considered by the Court of Appeal following a conviction for receiving stolen goods, often supported by medical or legal grounds.

Kenya · 2017

Principle established: A sentence for burglary following a plea of guilty may be challenged on appeal if it is considered harsh or excessive under the circumstances of the offence.

Zimbabwe · 2024

Principle established: An appellate court may set aside a conviction and sentence for unlawful entry while upholding a conviction for murder based on the specific evidence presented for each count.

Sierra Leone — Court of Appeal · 1975

Principle established: An indictment for embezzlement is defective if it omits the word "fraudulently", as fraudulent intention is an essential element that must be specifically averred in the particulars of offence.

Sierra Leone — Supreme Court · 1975

Principle established: An indictment charging embezzlement must explicitly aver the element of fraudulent intention, and the omission of the word "fraudulently" renders the charge fatally defective.

Sierra Leone — Court of Appeal · 1961

Principle established: A trial judge summing up to assessors does not usurp their function or misdirect them where he accurately summarizes the evidence and fairly presents the defence.

Sierra Leone — Supreme Court · 1961

Principle established: The burden of proof in criminal cases rests solely on the prosecution, and any shifting of the burden to the accused to establish innocence vitiates a conviction.

Sierra Leone — Court of Appeal · 2012

Principle established: An applicant convicted of receiving stolen goods and sentenced to imprisonment may apply for bail pending the determination of their appeal.

Sierra Leone — Court of Appeal · 1976

Principle established: A jury is entitled to proper guidance and assistance from the trial judge in evaluating conflicting evidence, and failure to provide it may render a verdict unsafe.

Sierra Leone — Supreme Court · 1975

Principle established: Where evidence in a larceny trial is conflicting and complex, the trial judge must provide adequate guidance in summing up, failure of which renders a guilty verdict unsafe.

Sierra Leone — Court of Appeal · 1975

Principle established: A conviction for larceny will be quashed where the trial judge fails to guide the jury on conflicting and complex evidence during the summing up.

Sierra Leone — African Law Reports · 1964-66

Principle established: A storekeeper who receives his employer's goods into the store and subsequently removes them animo furandi commits larceny by a servant rather than embezzlement.

Sierra Leone — Court of Appeal · 1965

Principle established: A storekeeper who receives his employer's goods into the store and subsequently removes them animo furandi commits larceny by a servant rather than embezzlement.

Sierra Leone — Court of Appeal · 1923

Principle established: An employee commits larceny as a servant when they take funds belonging to their employer against instructions and without consent with the intent to permanently deprive.

Sierra Leone — Court of Appeal · 1961

Principle established: An out-of-court statement by one accused implicating a co-accused is not evidence against that co-accused, and failure so to direct the jury vitiates that co-accused's conviction.

Sierra Leone — Court of Appeal · 1962

Principle established: An appellate court will not disturb a jury's finding of guilt for larceny unless the verdict is unreasonable or unsupported by the evidence.

Sierra Leone — Court of Appeal · 1962

Principle established: A conviction for larceny will be upheld on appeal if supported by sufficient credible evidence presented at trial.

Zimbabwe · 2026

Principle established: A court must exercise judicious discretion when determining bail, providing a full analysis of the grounds for refusal rather than merely reciting the law and parties' submissions.

Zimbabwe · 2024

Principle established: A public official may be convicted of theft of trust property if they misappropriated assets entrusted to them in their official capacity.

Sierra Leone — Court of Appeal · 2012

Principle established: Convictions for robbery with aggravation and wounding with intent may be appealed to the Court of Appeal to challenge the findings of the trial court.

Sierra Leone — Supreme Court · 1983

Principle established: To convict a person of fraudulent conversion, the prosecution must prove a fraudulent and dishonest intent, which may be inferred from the natural and probable consequences of the accused person's acts.

Lanbuk on the Law of Torts · 1876

Principle established: Any direct and unjustified interference with goods in another's possession is trespass, even moving them a short distance with good motives.

Uganda · 2024

Principle established: The court may impose consecutive sentences for distinct offences like rape and aggravated robbery, provided the total sentence is proportionate to the gravity of the crimes.

Zimbabwe · 2026

Principle established: Unlawful possession of a specially protected animal trophy attracts a mandatory minimum sentence unless the accused demonstrates special circumstances surrounding the commission of the offense.

Sierra Leone — Court of Appeal · 1961

Principle established: A criminal conviction will be quashed where the trial judge errs by failing to present evidence favourable to the accused in the summing-up to the assessors.

Sierra Leone — Court of Appeal · 1962

Principle established: The purchase of a second-hand item at a modest discount does not alone give rise to a legal inference that the buyer knew it was stolen.

Sierra Leone — Court of Appeal · 1978

Principle established: A conviction for obtaining money by false pretences cannot be sustained where there is insufficient evidence to prove the falsity of the pretence made.

Zimbabwe · 2026

Principle established: A conviction for fraud will be upheld where the evidence establishes that the accused made a misrepresentation with the intent to defraud, resulting in prejudice.

Zimbabwe · 2026

Principle established: Fraud is committed when a person makes a false representation with the intent to deceive, causing another person to act to their prejudice.

Sierra Leone — Court of Appeal · 1976

Principle established: Similar fact evidence is inadmissible to show a general disposition or propensity to commit a crime unless it has a specific and relevant connection to the charged act.

Sierra Leone — Supreme Court · 1963

Principle established: Conversion of funds received in the capacity of a school board manager constitutes criminal misappropriation rather than a breach of a separate trust deed.

Sierra Leone — Supreme Court · 1963

Principle established: A charge of forgery and uttering cannot succeed without sufficient direct or circumstantial evidence establishing that the disputed document was indeed forged.

Malawi · 2024

Principle established: In cases of illegal possession or attempted transfer of foreign currency, the court must determine whether the currency should be forfeited to the state or returned to the convict.

Sierra Leone — Supreme Court · 1963

Principle established: Conversion of funds received as a school board manager constitutes criminal misappropriation rather than a breach of a separate trust deed.

Sierra Leone — Court of Appeal · 1963

Principle established: A conviction for obtaining by false pretences requires satisfactory proof that the victims were actually influenced by the alleged false representations.

Sierra Leone — Supreme Court · 1963

Principle established: A charge of forgery and uttering cannot succeed without sufficient direct or circumstantial evidence establishing that the disputed document was indeed forged.

Ghana · 2026

Principle established: A person commits the offence of stealing by dishonestly appropriating property, such as a vehicle, that was temporarily entrusted to them by the owner.