Venn v S (SC CR APP 2 of 1977) [1977] SLCA 3 (14 December 1977)

ura uate Vem vTe Sate m VEN w THE STATE sc

SUPREME COURT OF SIERRA LEONE, Supreme Court Criminal Appeal 2 of 1977,

Hon Chief lice C O E Cole Pl Hon Me luce E Livesey Luke JSC, Hon Mr Justice C A

‘Harding JSC, Hon Mr Justice K EO During JA. Hon Mr Justice F A Short JA. 14” December

{0} Constitutional Law — Whether “State” synonymous with “Government” - Meaning ‘of “publi officer” ~ Whether public officer employee ofthe State as dstine from ‘Government ~ Constitution of Serra Leone 1971593)

(2) Constitutional Law - Overview of constitutional history of Sierra Leone - Time frm which State of Sierra Leone existed ~ Whether Slate of Sierra Leone existed as a egal entity within municipal law ~ Constitution of Sierra Leave 1961, Constitution of Serra Leone 1971

‘The appellant was a clk in Ministry of Eduction ofthe Govemment Service of Sirs Leone.

She was convicted on 29 August 1575 onan intent by the High Court on sx counts. thee

of hich were fr alsifeaton of acount contrary tos I ofthe Falsifiation of Accounts Act

185 andthe ther the for arceny consary tos 71a ofthe Larceny Act 1916 he was

Sentenced 1 various terms of imprisonment. The apelant appealed against her conviction to.

the Court of Appeal which on 24 Sepember 1976 dsmised the appeal and affimed hex

Convictions From tis judgement the appellant apple tothe Supreme Cour. The apelant

trgued tha publi officer under 931) of the Cansttain of Sia Lene Act No 6 of 197,

as amended, cannot be convicted fan offence under the Fasfiaion of Account Act 1875

‘The main questions of law wer:

(4). whether te word “States synonymous withthe word “Goverment”

(2) whether athe material ine ofthe alles offence the appellant was a public officer Under #93 of the Costin of Sia Leone 1971 (Act No 6 f 1971) ard if 50, ‘whether in law she could be regarded as an employee of “the State” as distinct from Inemployee of the Goverment of Sera Leone:

(2) wheter it was cect to old thatthe appellant was clerk or servant ofthe Sate of Sica Leone and whether te voucher in question, nancy, exhibit. D & E were the propery of ether the Ste of Siena Leone or the Goverment of Sera Leone: ad

(4) whether the Cout of Appeal was ight in holding that as fom the 19 Api 1971 tc by viru ofthe Contato (Consequential Provisions) Act 1971 (Act No 9 of 1971) exiting ats lilies and obligations were acts, ibilies and obligation of the Sue on the dat of conviction.

eld, per Cole C, dismissing the appeal

1. Ina and in fat he Stat of Siena Leone existe at al imes material to this appeal and

allie inhabitants within Siera Leone owed allegiance tit

2. The State of Sera Leone was a legal entity which in lw completly became vse as

from the 19% Apri, 1971 with all existing rights, lbites and olgatons of Her

Majesty the Queen, these riahs. labs and oblgaions due to and from public

‘crs. Taking ito consideration th whole enor and effec ofthe 1971 Constiton. as

timended, the terior of Siena Lene i and had Been sine 27 Apel 1961, a Sate and

” Serteme Bs AscaionLaw Reps (19746211 SLBALR since 19 April 1971 had been a legal entity within the municipal lw of Sire Leone Tum inesments Lad v Department of Environment (1977) 2 WLR 450 and Atorey- General for New South Wales» Perper Trstes Company Lad (1952) 85 CLR 237 applic.

4. I followed tat if any propery was vested in any ofthe agent ofthe State for example the President orthe Goverment, that propery was held by that agent for and on bealf of the State and therefore tat property can propel be adn the name ofthe tate. Equally Sn ifapeson isin the employment of an agent ofthe State for example the Government, it folowed that that person is in the employment of the State. Therefore, at all imes tater to this appeal te appellant was a publi office inthe employment othe Sate of Sera Leone and it was therefore prope forthe Pariculars of Offence of he indictment to describe the appellant asa clerk or srvant ofthe State of Sia Leone. This ingredient was clearly proved at thei

4 The property in the relevant personal emolument vouchers, s wel asthe various sums slleged to have been siclen bythe apellant was propery lain each as inthe name of the Sate of Siera Leone.

Cases referred to

‘Atomey- General or New South Wales v Pepenial Trustees Company Lal (1952) 85 CLR 237

Hinds v The Queen (PC) (1976 )2 WLR 366

Inland Revenue Commissioners v Hambrook (1956) 2 QB 641

‘Shenton v Smit 1895] AC 229: 72LT 30

‘Sloman v Government of New Zealand i CPD 563

Teel Secretary of Sate For the Colonies (1953) 2 QB 498

Tum vestments id v Deparment of Enviroment (1977) 2 WLR 450

William v Howorh (1905) C381

Legislation referred to

47 Geo ltcs4

“Appropriation Act 1972 (Act No 25 of 1972)

CConsttution of Sierra Leome 1961 $526 27, 28.57, 107()

Consinion of iera Leone 1971 (Act No 6 of 1971) 57.16.95

Constinion Onder n-Council 1961 (PN No 78of 1961)

{Giminal Procedure Act 1965 (Act No 32 of 1965) Sch Ir 13)

Falsificavion of courts Act 1875 51

Inerpretation Act 1971 (Act No 8 of 1971) 51.2.4

Larceny Act 19163 17(1fa)

Las (Adaptation) Act 1972 (Act No 29 of 1972) 7

Official Oats Act (Cap 169) as adaped by the Oficial Oaths (Adapration) Order 1961 (PN

No94 of 1961)

Other sources referred to

The Approach to Self Government, Sc vor Kenning 1965 Baton

Salmond on Jurispradnce, 1937 9 Eton p43

Appeal

‘Ths was an appeal agains the judgement of the Court of Appeal (Ct App No 23/75

Uunepored) upholding her conviction inthe High Court on sx cunt of offences under the

Falsticaon of Accounts Act 1875 and the Larceny Act 1916. Te fics appear in the

following judgemn.

(vores SLRALR Vem The Sate mm ND Tejan-Cole for the appellant.

Dr Bankole-Thompson for the respondent.

COLE C4: Leamed counsel forthe appellant in opening this appeal, submited thatthe pith and marrow of this appeal weston the answer fo be given to four questions of great ‘onsittonal legal impvtance, nael:

(0) whether the word “Satis synonymous withthe word “Government

(2). whether atthe material time ofthe alleged offence the appellant was a pubic officer Under +93 ofthe Consiton of Siema Leame 1971 (Act No 6 of 1971) an if 5, whether inlaw she can be regarded as an employee of “the State” as distinc from tn employee of "the Government of Sia Lone:

(@)_ whether itis comet to hold that she was a clerk or servant ofthe state of Sima Leone and whether the voucher in question, namely, exhibit G, D & E were the propery of ether the Sate of Sera Leone orthe Government of Sera Leone and

(4) whether the Court of Appeal was right in holding tha as from the 198 Api 1971 and by vine ofthe Constton (Consequential Provisions) Act 1971 (Act No 9 of 1771) existing acts ibis and obligations were as, kabilte and dligations of the Stat on he date of conviction.

‘The facts of the case are not in dispute. I will state them as succinctly as I possibly can.

‘The appellant was convicted on the 29" day of August 1975 on an indictment presented

tothe High Court on sx counts, three of which wee for falifiation of accounts contrary 18 Of the Fasification of Accounts Act 1875 and the ater thre for larceny contrary to 171} Of the Larceny Act 1916. She was sentenced to varius ems of imprisonment against which Sentence she has not appealed. The appellant sppeled against her conviction tothe Cour of ‘Appeal which on the 24" day of September 1976 dismissed the appeal and affirmed her convictions. From this judgement the appellant has appealed to this Coun on the following runs

~(\) Whether a Public Officer under s 93(1of the Constitution of Siena Leone Act No 6 of 197,38 amended, canbe convicted under the Falsifiation of Accounts Act 1875 if nthe particulars ofthe offence and during the Wal tis uid and proved respectively thatthe documento accounts belong tthe tat of Sia Leone?

(2) Whether on charges as (1) above, the Public officer can be convicted if the prrticulrs of offence stat that her employer she state of Sera Leone?

(3) Whaer the same officer as (1) above can be convicted of offence of larceny by servant under s17(1Xa) ofthe Larceny Acti the pariculas of the satement of ‘offence allege that she sa clerk of servant or the stat of Siera Leone?

(4) Whether she canbe convicted ofan offence under (3) ifthe parculars allege that she stole from the State of Sta Lome?

(5) Whether having egard to statutory provisions and case lw in Sera Leonean the term “Govemment, the Court of Appeal i right to hold tat since Apal 1971 propery ofthe Govemment of Siera Leone hes become the rope ofthe sate of Siera Lene.

(6) Whetnerin a criminal al by judge alone, the defence woul have ben adequately considered by the trl judge when nthe review ofthe evidence ofthe case forthe prosecution, he indicated that he has read the satement ofthe accused and wl

vs SioraLeme Bu Ascii Law Rapes {197482 SLBALR comment on it ltr but failed to do so and fails to consider and refer in his |ndaement to a possible defence arising from the evidence?”

“Tere was another ground of apeal which was abandoned.

[As Ihave already stated atthe opening of this judgement the grounds of appeal are condensed to answenng the questions aleady posed. Those questions aso include the all {impotant questions wheter the State of Sea Leone isa person in aw within the ambit of ur mncipa av

By letter of appointment dated the 24* May, 1975, having satisfactorily completed her training inthe Clerks Training school, the appellant was offered appointment as a Third Grade Gk in the Income Tax Deparment ofthe then Goverment Service of Sia Leone. The appointment was pensionable onthe 31* May 1957, She acceped in writing the appointment ‘on the conitons set out. She worked inthe Income Tax Department until 1968 when she was transfered to the Technical Insti, which was a branch of the Ministry of Education, 3s ‘Chief Clerk. Her duties included general administration, preparation of Imprest Books and paving of salaries of staf of the Insitute. She remained a cil servant and a public officer up {othe dat of her conviction.

“The expression “Public Officer is defined in the Siera Leone (Consiution) Onder Council 1961 (PN No 78 of 1961) (herefier refered to a5 “the 1961 Consiuton”) Section

: 107(1) reads as follows:

“publi officer” means a person holding or acting ina publi office”

‘The expression “public fie” is also defined inthe same Order-n-Couneil to mean “an ciceofemolument inthe publi sevice The expression "public office” is also define inthe same Order n-Counel I means:

“subject to the provisions of sub-section (2) and (3) ofthis section the sevice of the

Crown in a civil capacity in respect of the govemment of the former Colony and

Protectors of Sera Leone”

Forthe purpose ofthis case itis no necessary to const sub-setions (2) and (3) of his sexton now quoted.

‘The Constitution of Sera Leone 1971 (Act No 6 of 1971 also defines “public officer’ “publi fie” and the public service” Is noc necessary to Stout these definitions because they arin substance the same as those contained inthe above quoted dfition.

“The Consiuton of Siem Leone 1971 (Act No 6 of 1971) came ino force onthe 19" ‘Apa 1971. shall hereafter refer tot 8 “he 1971 Consituion”, By $95 it evoked the 1961 Cnsinton. There ean be no dou thatthe 1971 constaton preserved the legal postion of fll public efcers within the meaning of both Constitutions which Thave already quoted, 8 at that dace that is 19" Apel 1971. Therefore, onthe te ofthe alleged offences and throughout the whole of 1972. the appellant was a publ oficer and was as upto the date of her conviction.

“The indictment alleged in count (), i) and () tht she falsified inthe course of her employment. cera documents conta to + ofthe Fasifeation of Accounts Act 1875 Counts Gi, (iv) and (i) allege that she stole inher capacity asa clerk or servant certain ‘monies, contrary f section 17) the Lareny Act 1916

In this connection iis relevant o note that by the 197273 Appropriation Act 1972 (Act 'No 25 of 1972) which came ino force onthe I July 1972 Patament provided certain monies forthe services of Sera Leone fr the year 197373. Inthe Schedule this Act it wil be een that Parliament povided certain sums forthe Ministry of Education and allied services. The

The pages read for this report end here. The judgment continues in the PDF.