Law library · Sierra Leone · THE CRIMINAL PROCEDURE ACTS, 1965
Section 84, THE CRIMINAL PROCEDURE ACTS, 1965
RepealedTHE CRIMINAL PROCEDURE ACTS, 1965, Sierra Leone
(1) If on any trial for any of the offences mentioned in sections 25, 26, 27 and 28 of the Larceny Act, 1916, thefacts proved in evidence authorize the conviction for some other of the said offences and not the offence wherewith
the accused or defendant is charged, he may be found guilty of the said other offence and thereupon he shall be
punished as if he had been convicted on information or an indictment charging him with such offence, except that no
person shall be convicted under this subsection of an offence, the maximum punishment for which is greater than that
prescribed for the offence charged.
(2) When a person charged with any offence against section 17 of the Larceny Act, 1916 (relating to embezzlement)
and it is proved that he stole the property in question, he may be convicted of stealing it although he was not charged
with that offence; and when a person is charged with stealing any chattel, money or valuable security he may, in like
manner, be convicted of embezzlement, or of fraudulent application or disposition as the case may be.
(3) When a person is charged with stealing any chattel, money or valuable security, and it is proved that he received
the thing knowing it to have been stolen, he may be convicted of receiving although he was not charged with that
offence.
(4) When a person is charged with stealing and it is proved that he obtained the chattel, money or valuable security in
question in any such manner as would amount under the provisions of the Larceny Act, 1916, to obtaining it by false
pretences with intent to defraud, he may be convicted of obtaining it by false pretences although he was not charged
with that offence.
(5) When a person is charged with obtaining any chattel, money or valuable security by false pretences with intent to
defraud and it is proved that he stole the property in question, he may be convicted of stealing it although he was not
charged with that offense.
(6) When two or more persons are charged with jointly receiving any property, and it is proved that one or more of
such persons separately received any part of such property, such of the said persons as are proved to have received
any part of such property may be convicted upon such charge.
Persons charged with
misdemeanour not to be
acquitted if offence
proved felony.
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