36 yohana so kuranga v r crim app 23 d 67 267 hamlyn

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36. Yohana s/o Kuranga v. R., Crim. App. 23-D-67; -/2/67; Hamlyn, J Held: Penal Code section 258, which defines stealing, included the offense of fraudulent conversion of property as well as larceny. Although fraudulent conver- sion and stealing are distinct offenses under the 1916 Larceny Act, Penal Code section 258 designates both as theft. 37. Saidi Meke v. R., Crim. App. 850-D-66; 11/1/67; Biron, J. Accused was convicted of receiving stolen goods and of stealing from a motor vehicle. Held: (1) Mens Rea in the crime of receiving stolen goods may properly be inferred from the accused ’s possession of the goods and from his concealment of some, though not all, of the goods stolen in an established theft or burglary. (2)
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Under the doctrine of recent possession, a person found in possession of stolen goods may be rebuttably presumed to have stolen them and may be convicted either of receiving, or stealing or, in appropriate case, of housebreaking. (3) Un- der the Minimum Sentences Act of 1963, an accused may be given the sche- duled sentence for receiving stolen goods if he knew or should have known that the goods had been feloniously taken. He need not have known that they were taken n the course of an offense set out in Part 1 of the schedule to the act. Cit- ing, reluctantly, R. v. Mohamed Naweki, (1964) E.A. 353. 38. Ferdinand s/o Rajabu v. R ., Crim. App. 14-D-67; 19/2/67; Hamlyn, J. Accused was convicted of housebreaking and stealing (P.C. ss. 294 and 295) upon evidence found sufficient by the reviewing court. The magistrate had di- rected himself that possession of recent stolen property by the accused will cause the law to presume the commission of the theft or guilty receipt. Held (1) An accused ’s possession of property recently stolen may support an inference of guilty knowledge but does not shift to the accused the burden of proving his innocence. (2) A misdirection as to the burden of proof was not criti- cal since the evidence established guilt beyond a reasonable doubt. ( 1967)H.C.D. - 9 – 39. Ngoye s/o Kwakila v. Ndemere s/o Kihamba , Civ. App. 39-M-66; 17/2/67; Mustafa, J. Pursuant to the Waha custom of “Bugabile” which was found by the lower court to be no longer part of the customary law, appellant received a cow from respon- dent. “Bugabile” was a concept some what like that of conditional gift; according- ly, respondent, after several years had passed, sought to revoke the gift and re- cover the cow.
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Held : Although the custom is no longer practiced, the concept of “Buga- bile” should be given effect ( and the revocation of the “gift” sanctioned), since it reflects the intention of the parties. 40. Jacobo Tibufumula v. Abrahim Kipala , Civ. App. 29-M-66; 14/2/67; Mustafa, J. This action was brought to determine the distribution of property of the deceased. Respondents claimed the property under a will executed by the decedent in Sep- tember 1959. Appellants claimed under a will which decedent allegedly made in September 1963 revoking the prior will.
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  • Fall '17
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