Lulu s/o Titu v. R., Crim. App. 207-D-67, 8/6/68, Saidi J.

Lulu s/o Titu v. R., Crim. App. 207-D-67, 8/6/68, Saidi J.

Accused was convicted of cattle theft. The only evidence was that the day after the theft of a sheep, one sheep’s leg was found at accused’s house. Accused’s wife was arrested and detained in an attempt to coerce the husband into appearing so that he could be arrested.

            Held: (1) In the absence of any other evidence, the possession of the sheep’s leg, which accused said he had bought at the market, was insufficient to support the conviction. (2) The Court stated, obiter, that the arrest of a wife of an accused is illegal unless she has taken some part in the commission of the offence and could subject those arresting her to a claim for damages. Conviction quashed.