Wandwi s/o Muhagachi, Crim. App. 103-M-69, 14/4/69, Mustafa J.

Wandwi s/o Muhagachi, Crim. App. 103-M-69, 14/4/69, Mustafa J.

Complainant lost nineteen head of cattle; and two years later discovered one animal in the possession of the appellant. He and other witnesses identified the animal as his to the satisfaction of the trial court. The trial magistrate invoked the doctrine of ‘recent possession’, and convicted the appellant of cattle theft thereunder. On appeal.

            Held: “I do not quite understand what the trial magistrate meant by saying that two years is not too long a period for him to invoke the doctrine of recent possession because one experienced with cattle can identify them by “his own marks”. It may be that one could identify one’s own animal after two years but that does not necessarily mean that a two year period is not too long for the doctrine of recent possession to be invoked. Complainant lost 19 head of cattle and two years later he found one of his lost animals in the possession of appellant. This animal could have passes through a number of hands in the meantime and appellant could have obtained this animal innocently. I am not at all satisfied that the trial magistrate was right to invoke the doctrine of recent possession after a period of two years. In my view the appellant should not have been asked for an explanation because he has no presumption to rebut.” Conviction quashed.