Simon Robert v. R. Crim. App. 675-D-67, 18/10/67, Saidi J.

Simon Robert v. R. Crim. App. 675-D-67, 18/10/67, Saidi J.

Accused was convicted of burglary and stealing. There was evidence that on the night of 14^th/15^th June 1966, a thief entered complainant’s house at about 4;30 a. m when complainant outside the house to relieve himself and stole a radio, a shirt, a pair of trousers, and a driving licence. On 28^th February, 1967, the driving licence was found in the possession of the accused.

            Held: (1) There was no evidence of a breaking into the house. (2) More than six months had passed before the licence was recovered, and accused was found in possession of only a small portion of the stolen goods. In these circumstances. 

The docrrine of recent possession was inapplicable Conviction for burglary and stealing quashed and conviction substituted for receiving stolen goods knowing them to have been stolen.