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Criminal Law [1951] EACA 137

Patel v Rex

Patel v Rex (Criminal Appeal No. 200 of 1950) [1951] EACA 137 (1 January 1951)

The court held that the East African Railways were 'special owners' of the tins of ghee under section 263(2) of the Penal Code, as they had a right arising from possession, including the right to sell the property if unclaimed. The tins of ghee were 'property of any person' as defined by section 262, and the Penal Code does not require proof of a general owner at the time of theft for property to be capable of being stolen. The court rejected the appellant's argument that theft from a Lost Property Office is exempt from prosecution and found that the conviction was justified by the evidence.…

  • Theft
  • Special Ownership
  • Lost Property
  • Penal Code Interpretation
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