Nassoro s/o Sadiki @ Moshi s/o Sadiki v. R., Crim. App. 219-D-68, 12/6/68, Georges C. J.

Nassoro s/o Sadiki @ Moshi s/o Sadiki v. R., Crim. App. 219-D-68, 12/6/68, Georges C. J.

Accused was convicted of possession of property suspected to have been stolen. [P.C. s. 312.] There was evidence that he had been apprehended fleeing from a railway station with a handbag which contained a post office savings book bearing the name of the owner.

            Held: The charge was in respect of the savings book, and section 312 is inapplicable in the case of property which can be identified as that of a known individual. Where the identity of the owner is known, the matter is no longer one of suspicion only, and the charge should be laid under one of the sections dealing with stealing or feloniously receiving stolen property. [Citing R. v. Shabani Seidi, (1943) 1T.L.R. (R) 77; R. v. Zubsili s/o Katakuhakwa, (1963) E.A. 17, 19]. Conviction quashed.