Act 9
Illustrations—
Penal Code Act
2008
(a) “A”, being executor to the will of a deceased person,
dishonestly disobeys the law which directs him or her
to divide the effects according to the will, and
appropriates the effects to his or her own use. “A” has
committed criminal breach of trust;
(b) “A” is a warehouse keeper. “Z” going on a journey,
entrusts his or her furniture to “A” under a contract
which provides that the furniture shall be returned to
“Z” on payment of a stipulated sum for warehouseroom. “A” dishonestly sells the goods. “A” has
committed criminal breach of trust;
(c) “A” residing in Yei is an agent of “Z” residing at
Rumbek. There is an express or implied contract
between “A” and “Z” that all sums remitted by “Z” to
“A” shall be invested by “A” according to “Z’s”
direction. “Z” remits a sum of money to “A” with
directives to “A” to invest the same in Government
securities. “A” dishonestly disobeys the directives and
employs the money in his or her own business. “A”
has committed criminal breach of trust;
(d) but if “A” in the last illustration, not dishonestly but
in good faith believing that it will be more for “Z’s”
advantage to hold bank shares, disobeys “Z’s”
direction and buys bank shares for “Z” instead of
buying government securities here, though “Z” should
suffer loss and should be entitled to bring a civil
action against “A” on account of that loss, yet “A”
not having acted dishonestly has not committed
criminal breach of trust;
(e) “A” a revenue officer is entrusted with public money
and is either directed by law or bound by a contract
express or implied with the Government to pay into a
certain treasury all the public money which he or she
holds. “A” dishonestly misappropriates the money.
“A” has committed criminal breach of trust;
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