Nurdin Abdulhusein v. R., Crim. App. 17-Z-66, 12/5/66, Saidi Ag. C. J.

Nurdin Abdulhusein v. R., Crim. App. 17-Z-66, 12/5/66, Saidi Ag. C. J.

The accused was convicted of knowingly receiving a stolen radio found in his possession soon after the theft. He said from the beginning that he had bought it innocently. There was no testimony by any of the police officers who gave evidence to show whether or not they had investigated this claim.

Held: It is important that the prosecution investigate any such claim, “in particular when (it) is made at the time of the arrest.” A radio might well pass from hand to hand within a short time. “The doctrine of recent possession operates strongly when there is no reasonable explanation of possession, but in this case the explanation …….. could not be rejected when it had not been investigated and proved false.” Conviction quashed.