Shariff Abas Hassan v. R. Crim. App. 83-M-71; 28/9/71; Jonathan Ag. J.

Shariff Abas Hassan v. R. Crim. App. 83-M-71; 28/9/71; Jonathan Ag. J.

The appellant was convicted on has own plea of guilty to being in possession of uncustomed goods c/s 147(d) (iii) and 155-A of the East African customs Management Act 1952. The appellant’s plea is recorded as follows: “It is true I was found with the articles enumerated in the charge. I knew that no duties had been paid for them. They are my personal effects and I was not aware that such goods had to pay (sic) duties”.

            Held: (1) [After quoting section 147(d) (iii) of the East African Customs Management act 1952] “It would seem that the appellant could have been guilty only if he knew, or ought reasonably to have known that the goods were uncustomary. Having regarded to the definition [of “uncustomed goods”] it seems also that there must be present the necessary knowledge that the goods were dutiable before a conviction can be properly recorded. The appellant was clear that the goods were his personal effects and he did not know that they were liable to duties”. (2) Conviction quashed and the case remitted to the district court for a free plea to be taken.