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Henery Gervase v. R., (PC) Crim. App. 68-D-67; 10/5/67; Hamlyn, J.



Henery Gervase v. R., (PC) Crim. App. 68-D-67; 10/5/67; Hamlyn, J.

Accused was convicted of stealing a sheet and blanket. The evidence against him was that he was found in possession of the sheet and blanket, which the complainant identified merely by stating. “They are my property.”

            Held: “The acceptance of these bland assurances by the court lays the way open for many dangers and such identification would not be in any way acceptable even in a civil court…….” In a criminal case, claimant should be asked for “marks on the property” before it is shown to him, “from which the ownership can be established to the court beyond reasonable doubt.

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