Charles @ Makanyaga s/o Makobe v. R. Crim. App. 351-M-67; 15/7/67; Cross, J.

Charles @ Makanyaga s/o Makobe v. R. Crim. App. 351-M-67; 15/7/67; Cross, J.

Accused was convicted of stealing cattle and sheep from his uncle. On a prior occasion accused had openly claimed a right to the cattle and sheep, and the openly took them in the middle of the afternoon in the presence the complainant’s wife and another person.

            Held: Even if accused had no right to the animals, it would be defence that he had an honest belief based upon reasonable grounds that he had such a right. The trial magistrate erred in failing to consider this issue. The conviction was quashed.