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; 175