was purchased by the respondent on behalf of PW1 on the
understanding that it will be kept and sold in future when the market
price of the ginger appreciated so that PW1 can get some profit
therefrom. But available evidence before the trial court has shown that
the respondent in violation of the expressed contract he made
concerning the trust, dispose up the ginger as well as used part of the
money to by Sobo without any substandard authorization. I therefore
agreed with the appellant’s counsel that the 3rd element has also been
proved by the appellant at the trial court.
As to the 4th and last element that the respondent acted dishonestly
section 2 of the Sokoto state Penal Code Law 2019, provided that on
person is said to do a thing dishonestly who does that thing which
caused wrongful gain to himself, to another person, or caused wrongful
loss to any other person.
It is also trite law that a man intends the natural consequences of his
act.
The respondent having known that he was selling the ginger at a lower
price than it was bought per bag and without any substantiated
authority to do so, has reason to know that he by that act, had
succeeded in causing wrongful loss to PW1. I therefore agree with the
appellant’s counsel that the 4th element was in fact proved by the
prosecution at the lower court. I am also in complete agreement with
the appellant’s counsel that the prosecution has proved all elements of
the offence of criminal breach of trust against the respondent beyond
reasonable doubt as required by law and found the respondent guilty as
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