Mawji and Another v Reginam
Mawji and Another v Reginam (Criminal Appeals Nos. 169 and 170 of 1955) [1955] EACA 357 (1 January 1955)
The court held that the doctrine of legal unity of spouses under English common law applies only to monogamous marriages. Since the appellants' marriage, under the Ismailia Khoja sect, was polygamous in nature, the fiction that husband and wife are one person does not apply. Therefore, the appellants could be charged and convicted of conspiracy under section 110 of the Penal Code. Regarding the retention of stolen property, the court found that the presumption of possession in the matrimonial home generally favors the husband, but where the wife does not act independently, she cannot be convi…
Source excerpt
- Conspiracy Between Spouses
- Polygamous Marriage
- Presumption Of Possession
- Retaining Stolen Property
- Interpretation Of Penal Code
- Evidence Presumption