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Tekabwere v Regina [1977] GILawRp 7; [1977] GILR 50 (7 November 1977)

[1977] GILR 50

HIGH COURT OF THE GILBERT ISLANDS

Criminal Appeal No 2 of 1977

MOATAU TEKABWERE

v.

REGINAM

Before: O'Brien Quinn C.J.
7th November 1977

Criminal Appeal - stealing Government money - irregularities in procedure - standard of proof - appeal allowed.

The appellant was convicted and sentenced to 12 months imprisonment by the Senior Magistrate's Court for stealing $1000 the property of the Government. The facts found by the Senior Magistrate were that the appellant was given money for the payment of salaries and this money had been checked by the Agency Officer of the Bank of New South Wales. When the appellant opened the envelopes containing the money he discovered a shortage of $200 in $20 notes and immediately reported it. The Bank paid up the shortage and on the next day the appellant reported a further shortage of $800 which he again reported; this time to his immediate employer the Commissioner of Police. The Senior Magistrate found that it could not be ascertained how the shortage came about but held that the differences in amount emanated from the appellant resulting from his carelessness either in checking his cash or when he gave out the salaries and, thus, found him guilty. The appellant appealed against both conviction and sentence on the grounds that the evidence of the persons who checked the money was not reliable and that the evidence given by them should have been carefully scrutinized in view of the fact that other errors had been made on the same day by one of the prosecution witnesses.

HELD: That the prosecution in the Senior Magistrate's Court did not establish its case to the standard required in a criminal trial, namely, beyond a reasonable doubt, and that carelessness on the part of an accused, in a case of this nature, however reprehensible it may be, does not constitute guilt.

Other irregularities were pointed out in the course of the judgment. The appeal was allowed.

Mr. Glyn Lewis-Jones appeared for the appellant
Geoffrey Pimm, Attorney General, for the Crown.

O'BRIEN QUINN C.J.:

1. In the case out of which this appeal arose the appellant, who was employed as an Executive Officer attached to the Police Headquarters, and one of whose duties was the payment of staff, was charged with stealing from Government the sum of $1 000 on 24th December, 1976.