Rex V. Elias Bamin (1946)

LawGlobal Hub Judgment Report – West African Court of Appeal

Defence Regulations (Sierra Leone)—.Regulation No. 26A—Possession ofproperty reasonably suspected of having been stolen—Trial Judge’s directionto Assessors—Quantum of proof that possession by accused was lawful—Discharge of that onus—Sentence.

Facts

The appellant appealed against his conviction for having in his possession property of the Crown reasonably suspected of having been stolen. The trial Judge directed the Assessors that appellant must not satisfy them beyond reasonable doubt that his possession was lawful, but that he must give them an explanation which they found satisfactory, i.e. that the burden upon the appellant was not as great as that laid upon the prosecution. The appellant appealed on the ground (inter alia) of misdirection.

Held

Following R. v. Woolmington (1) that the trial Judge’s direction was right.

Sentence reduced.