Commissioner of Police V. Anthony Arban (1938)

LawGlobal Hub Judgment Report – West African Court of Appeal

Conviction for unlawful possession of diamonds contra sec. 11 (3) of Cap. 130.

Facts

Diamonds were found among the boxes of shoes on a shelf in Appellant’s shop. The Appellant pleaded that he knew nothing of their, presence. The prosecution admitted that they might have been placed there by any one entering the shop.

Held

There being no evidence that the appellant was aware of the presence of the diamonds in his shop the prosecution had failed to establish possession by the appellant, and appeal allowed.

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The appeal is allowed, the conviction and sentence are quashed, and it is ordered that a judgment and verdict of acquittal be entered and that the fine, if paid, be refunded to the appellant.