COMMISSIONER OF POLICE vs. ANANE

JUDGMENT OF VAN LARE J.S.C. Van Lare J.S.C. delivered the judgment of the court. [His lordship rehearsed the facts which are set out in the headnote and continued:] The prosecution’s case is that the complainant was entitled to the whole of the quantity of 1,004 bags delivered to the appellant and that by causing 314 bags of such cement to be sold to other customers the appellant dishonestly appropriated property of which he was not the owner. The trial circuit judge appears to have accepted the prosecution’s contention that the ownership in the 314 bags was in the complainant and convicted the appellant. He based his decision upon an assumption that the appellant had not denied receiving the 1,004 bags for and on account of the complainant. There is nothing from which the trial circuit judge could infer such an assumption; on the contrary the evidence is clear that the appellant contracted with the suppliers on his own behalf and received the 1,004 bags on his own account and n...