James Ayanshina V. Commissioner Of Police (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

Additional charge added by Magistrate at late stage in proceedings—Section430 (1) of Criminal Code considered—Conviction of unlawful possession afteracquittal on charge of receiving stolen goods—Insufficient evidence to justify charge.

Facts

Before indicating his opinion that there was no case to answer on a charge of receiving stolen property, the Magistrate, in exercise of his powers under section 430 (1) of the Criminal Code, added a charge of being in unlawful possession of goods reasonably suspected of having been stolen.

The appellant was acquitted on the charge of receiving and his co-defendant was also acquitted on the charge of theft. In this case what was suspected by the prosecution was that the appellant’s co-defendant had stolen the goods and that the appellant had received them, knowing them to have been stolen.

Counsel for the appellant argued that at that late stage in the proceedings the Magistrate had no power to add this count. It was further argued that in view of the acquittal of the appellant and his co-defendant on the original charges the conviction of unlawful possession could not be sustained.

Held

Section 430 (1) of the Criminal Code empowers the Court to add a charge at any stage before the judgment, and the Magistrate, having added the charge before ruling there was no case to answer, had acted within his powers.

Held further, the basis of the reasonable suspicion of unlawful possession was that the appellant’s co-defendant had stolen the goods and that the appellant had received them. The acquittal of the appellant and co-defendant on those charges disposed of that suspicion and the conviction could not be sustained.

Appeal allowed.