Elikana s/o Mekijanga v. R., Crim. App. 45-A-68, 15/6/68,

Elikana s/o Mekijanga v. R., Crim. App. 45-A-68, 15/6/68, 

Accused was convicted of burglary and stealing. The goods were taken from a tailor’s house and included some of the tailor’s clothing, some clothing belonging to other persons left with him for repair, a piece of cloth, and a lady’s wristwatch. Although accused was found 1.5 months later in possession of several items which the tailor and another witness said were among the goods stolen, the only satisfactorily identified item was gown, which the tailor recognized from his own workmanship.

            Held: “Having in mind that the appellant had a very small proportion of the stolen property in his possession  … and the time that had elapsed since the theft, the inference of theft does not seem to me to be certain. In all the circumstances … the better inference from the facts would be one of receiving stolen property.” Conviction for receiving stolen property [P.C. s. 311(1)] substituted.