Mustafa s/o Msumi v. R., Crim. App. 657-Tanga-69; 22/1/70; Biron J.

Mustafa s/o Msumi v. R., Crim. App. 657-Tanga-69; 22/1/70; Biron J.

The appellant was convicted of stealing a leather pouch from motor vehicle c/ss 269 and 265, Penal Code. On appeal, it was held that the case had been proven beyond reasonable doubt. Incidentally, however, the court dealt with the admissibility of a statement made by the special constable who arrested the appellant. “When arrested the accused told me that he had not stolen but he had picked the pouch from the car.”

            Held: (1) “With respect, I am inclined to the view …. That the statement is admissible, as although it constitutes an admission in that the appellant admitted that he picked up the pouch from the car, it is not per se a confession to any offence. He may merely have picked up the pouch in order to hand it to its owner or otherwise safeguard it for her. This statement is thus perfectly capable of an innocent construction and explanation …. If admitted, that evidence certainly clinches the case against the appellant beyond a peradventure.” (2) Appeal dismissed.