Rex V. Isa Braimah & Anor (1943)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Receiving contrary section 427 of the Criminal Code (Nigeria)—guilty knowledge—Recent possession.

Facts

On 3rd May first accused was released from Kaduna Prison, where he has spent seven months, and went to second accused’s house to stay. &woad accused was a warder in the prison, but first accused was not in his gang. On 5th and 7th May thefts occurred in the neighbourhood, and ea 9tk May second accused sent some of the stolen property to his brother at Range with instructions to sell them at any price he thought good. The Est accused was convicted of, shopbreaking and stealing the goods, and the second accused was convicted of receiving them. The second accused appealed on the grounds that there was no evidence that he knew or ought to have known the property had been stolen.

Held

The circumstances fully justified a finding of guilty knowledge.

Appeal dismissed.