Kwartie Kwashie V. The King (1950)

LawGlobal Hub Judgment Report – West African Court of Appeal

Charge of housebreaking and stealing—Recent possession of property stolen
during housebreaking—Conviction for receiving stolen property—Power of
Court to convict for the offences charged.

Facts

This was an application for leave to appeal against a conviction for receiving stolen property. The evidence established that the complainant left her house about 5 p.m. and on her return at 7 p.m. found her room had been broken into and a number of articles stolen, which were found in possession of the appellant about 6.30 p.m. on the same day.

The trial Judge directed the assessors that as there was no evidence that the appellant was in the vicinity of the room, he should not be convicted of house breaking, but only of receiving stolen property.

Held

The direction of the Judge was wrong, and that it is a presumption of fact, and not an implication of law, from evidence of recent possession of stolen property unaccounted for, whether the offences of housebreaking and stealing or the offence of receiving had been committed. It was open to the trial Court in the circumstances of this case to convict of housebreaking and stealing.

The misdirection had occasioned no injustice and the application was refused.

Application refused.