Commissioner Of Police V. Theodore Asare (1944)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law and Evidence—s. 4 (1) of the Survey Ordinance (Cap. 111)—Extent of onus of proof on prosecution.

Facts

The Defendant (Appellant) was charged with surveying and preparing a plan of certain land for the purpose of attachment to an instrument of transfer and was convicted and sentenced under s. 4 (1) of the Survey Ordinance. No evidence was given that the preparation of any document requiring the attachment of a plan was in contemplation. His appeal to the Supreme Court was dismissed. On appeal to the West African Court of Appeal:

Held

that the onus was on the prosecution to prove that the preparation of the plan was for the purpose of attachment to an instrument of the nature mentioned in the section, and as there was no proof upon this point, the convictioL could not be sustained.

Appeal by the Defendant from the decision of the Supremt Court, Gold Coast, dismissing his appeal from the District Magistrate.

The fine must be refunded.