Ferdinand s/o Rajabu v. R., Crim. App. 14-D-67; 19/2/67; Hamlyn, J.

Ferdinand s/o Rajabu v. R., Crim. App. 14-D-67; 19/2/67; Hamlyn, J.

Accused was convicted of housebreaking and stealing (P.C. ss. 294 and 295) upon evidence found sufficient by the reviewing court. The magistrate had directed himself that possession of recent stolen property by the accused will cause the law to presume the commission of the theft or guilty receipt.

            Held (1) An accused ’s possession of property recently stolen may support an inference of guilty knowledge but does not shift to the accused the burden of proving his innocence. (2) A misdirection as to the burden of proof was not critical since the evidence established guilt beyond a reasonable doubt.