Andrea Obonyo v Regina: 1962

East Africa ‘When a person is charged with theft [and the judge told the jury that they could read for ‘theft’, ‘robbery’ because it includes ‘theft’] and, in the alternative, with receiving, and the sole evidence connecting him with the offences is the recent possession of the stolen property, then, if the only reasonable inference is that he must have either stolen the property or received it knowing it to be stolen, he should be convicted either of theft or of receiving according to which is more probable or likely in the circumstances. He is not entitled to be acquitted altogether merely because there may be some doubt as to which of the two offences he has committed. That position is justified because the decision is not between guilt or innocence, but between whether he is guilty of theft or receiving, it having been proved that he is guilty of one or the other.’

Citations:

(1962) EALR 542

Jurisdiction:

Commonwealth

Cited by:

CitedAttorney General of Hong Kong v Yip Kai Foon PC 7-Dec-1987
High Court of Hong Kong – The prosecutor appealed against a quashing of a conviction on a charge of handling stolen goods. The defendant had been charged with robbery with handling as an alternative provided under statute.
Held: Where there . .
Lists of cited by and citing cases may be incomplete.

Crime

Updated: 06 May 2022; Ref: scu.547493