Khamis bin Haji Mtumbatu v. R., Crim. App. 63-Z-65, 14/8/65, Saidi Ag. C. J.

 

 Khamis bin Haji Mtumbatu v. R., Crim. App. 63-Z-65, 14/8/65, Saidi Ag. C. J.

A number of caps stolen from a shop were found 2 days later wrapped in a pillow case, under the accused’s bed. The accused was convicted of shopbreaking and stealing c/s s. 269(a) of the Penal Decree. The magistrate rejected his claim that they had been placed there by a police officer.

Held: the accused had been found in possession of stolen goods, and “failed to account for his origin of possession.” The magistrate “was entitled to apply the doctrine of recent possession in this case.” Appeal dismissed.