R. v. Hussein bin Adam, Crim, Rev. 8-Z-64, 28/11/64, Erokwu Ag. C. J.

 

R. v. Hussein bin Adam, Crim, Rev. 8-Z-64, 28/11/64, Erokwu Ag. C. J.

The two accused were convicted of being in possession of articles used, or intended for use, in the manufacture of native liquor, c/s 5(a) of the Native Liquor Decree, Cap. 164. A third person was also convicted, on his own plea of guilty. In convicting the two accused who appealed, the magistrate seemed to rely on section 791) (b) of the Decree, which provides for a presumption of guilt on the part of anyone occupying premises, or having access to any part of premises, where such articles are kept. These two accused lived together with the third in a 3 – roomed house.

Held: “In my view the occupier of such premises would be relieved of the onus (of) establishing his innocence where as in the instant case the owner or the possessor of the articled has been ascertained.” Convictions quashed.