Robinson s/o Pili v. R., Crim. App. 41-D-68, 15/5/68, Georges C. J.

Robinson s/o Pili v. R., Crim. App. 41-D-68, 15/5/68, Georges C. J.

Accused, a plumber at a mission hospital, was convicted of stealing by servant. There was evidence that various tools including a spanner, screwdriver, iron cutter and wheelbarrow were found at accused ’s house. Accused ’s defence was that some of the tools were his personal property and that he had received permission to borrow the wheelbarrow and iron cutter, which he admitted were the property of the mission. The trial court rejected the defence on the ground that he did not believe it to be true.

            Held: (1) One could expect to find tools such as a spanner and screwdriver at the house of any craftsman, and in the absence of any identifying mark, accused should not have been expected to give any account of his possession other than to say that they were his. (2) With regard to accused ’s explanation that he had borrowed some of the tools with permission, the proper test is whether the explanation was a reasonable one which could possibly be true; if so, it should have been accepted even though the magistrate  had doubts as to its truthfulness. Conviction quashed.