S V PEARCE 1982 (2) ZLR 303 (H)

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S v PEARCE 1982 (2) ZLR 303 (H)

Flynote

Criminal law — Schedule to Police Act [Chapter 98] — paragraph 29 — improper use of State property — what constitute — paragraph 34 — acting in an unbecoming manner or in a manner likely to bring discredit to the Force acts which are Elected by paragraph.

Headnote

The accused, a senior Chief Inspector in the Police Force, was charged before a Board of Officers with various contraventions of the Police Act [Chapter 29] and convicted, inter alia, of contravening paragraph 29 of the Schedule to the Act and of contravening paragraph 34.

The allegation under paragraph 29 was that he had improperly acquired or used various items of State property. In respect of some of the items, which were gardening implements, he had had permission to borrow them in order to clean up the stand next to his own when he lived at the Police depot. When he moved to a home of his own, he had failed to return the items and had used them on his own garden. He had also, without authority, borrowed riding equipment for use on his own "horses."

The charge under paragraph 34 was one of acting in an unbecoming manner or in a manner likely to bring discredit to the Force. This charge arose from his management and staging of horseriding shows on behalf of the Force. At a show at Masvingo, he had used certain items belonging to the Masvingo Show Society. He felt these items would be ideal to use at a subsequent show at Bindura. Being unable to contact anyone from whom he could get permission to borrow them, he took the items, writing a letter to the President of the Show Society, who was a friend of his, explaining what he had done and undertaking to return them within a week or two. The President, in spite of this letter, was unaware that the items had been taken.

Held, upholding the conviction on the Charge under paragraph 29, that the offence is committed by a member as soon as he takes or uses State property without proper leave or permission, even if he intends to return it. Similarly, if initially he had permission to take such property, to use it thereafter, without authority, for his own private purposes, is a mischief at which the paragraph aims.

Held, further, quashing the conviction on the charge under paragraph 34, that whether conduct is "unbecoming" or "reasonably likely to bring discredit to the Force" is very much a matter of degree. Secondly, the conduct must