Abraham s/o Lanjon v. R., Crim. App. 10-D-68, 14/3/68, Saidi J.

Abraham s/o Lanjon v. R., Crim. App. 10-D-68, 14/3/68, Saidi J.

Accused was convicted of bicycle stealing, primarily upon evidence that the stolen bicycle was found at this house. His defence was that the bicycle had been left there by his brother-in-law, whose whereabouts were unknown. There was evidence that the theft took place in June 1967 and that the brother-in-law had disappeared the preceding February from the area.

            Held: (1) Accused need not prove his innocence or prove his defence to the same extent that the prosecution must prove the charge; it is enough if he raises a reasonable doubt as to his guilt. (2)”(T)he question of estimates of dates as with estimates of time and distance, is not to be taken too seriously with African villages, as they may and often do give wrong dates without intending to do so because they really do not have very much to do with dates in their daily lives.” Conviction quashed.