Ali s/o Islam v. R., Crim. App. 828-D-66; 19/1/67; Biron, Ag. C.J.

Ali s/o Islam v. R., Crim. App. 828-D-66; 19/1/67; Biron, Ag. C.J.

Accused was convicted of dealing in broadcast receivers without a licence (Broadcast Receiving Apparatus (Licensing) Act, 1964,s. 5(1), on evidence that he had hidden several radios when he observed  a police officer approach the store and produced no licence when the radios were found.

            Held (1) The accused was not “carrying on business” under the Act, since he was an employee only. To be “carrying on business” one must exercise some control or act as a partner. (2) Accused was nonetheless guilty if he aided or abetted another person in committing the offence, with full knowledge that it was an offence (P.C. s. 22). (3) Concealment of the evidence that an offence had been committed was sufficient to show men rea.