Rex v Mohamed (Cr. App No. 77/1938)
Rex v Mohamed (Cr. App No. 77/1938) [1938] EACA 199 (1 January 1938)
The court held that the prosecution proved the coffee was stolen, that it was in the appellant's possession, and that circumstances supported an inference of receiving and guilty knowledge. The appellant, a licensed coffee dealer, failed to produce his register as required, denied having coffee, and provided a false explanation for possession. The thief's evidence was confirmed by other facts, and the magistrate was justified in accepting it. The presumption of fact against the accused was properly applied, and the appellant failed to provide a satisfactory explanation. The prosecution discha…
Source excerpt
- Receiving Stolen Property
- Presumption Of Guilt
- Guilty Knowledge
- Burden Of Proof
- Evidence Of Receiving