Chaama Hassan Hasa & Another V Republic  EKLR
|Criminal Appeal 502 & 503 of 1974||02 Dec 1974|
Edward Trevelyan, Alan Robin Winston Hancox
High Court at Nairobi (Milimani Law Courts)
Chaama Hassan Hasa & Mohamed Hershi v Republic
Chaama Hassan Hasa & another v Republic  eKLR
Chaama Hassan Hasa v The Republic
High Court, Appellate Side, Nairobi 2nd December 1974
Trevelyan & Hancox JJ
Theft – handling stolen goods – doctrine of recent possession – presumption of guilt from possession of goods – evidence in favour of accused.
The first paragraph in the two-paragraph judgment in R v Aves (1950) 34 Cr App Rep 159 spells out the formula to be applied where the only evidence against an accused is his possession of property recently stolen; the second paragraph provides for cases where, in addition to that possession, there is other evidence against the accused which tends to show guilty knowledge. R v Aves does not cater for the situation where the other evidence favours the accused; whether or not a presumption of guilt from possession arises in such a case will depend on all the facts. If it does arise, the rule in R v Aves should be applied; if it does not, the rule has no application.
R v Seymour (1954) 38 Cr App Rep 68, CCA, applied.
R v Aves (1950) 34 Cr App Rep 159, CCA, explained.
Cases referred to in judgment:
Ezera Kyabanamaizi v R  EA 309.
Kamweli s/o Nguku v R  EA 164.
Miligwa s/o Mwinje v R (1953) 20 EACA 255.
Patrisi Ozia v R  EA 36.
R v Aves  WN 342, (1950) 2 All ER 330, (1954) 34 Cr App Rep 159, CCA.
R v Ndaria s/o Kuruki (1945) 12 EACA 255.
R v Ramji Hirji (1946) 13 EACA 127.
R v Seymour  1 WLR 678,  1 All ER 1006, 38 Cr App Rep 68, CCA.
Usin v Republic of Uganda  EA 467.
Chaama Hassan Hasa was convicted of theft of a motor vehicle in Criminal Case No 1134 of 1974 before the Senior Resident Magistrate’s Court at Nairobi. He appealed to the High Court (Criminal Appeal No 502 of 1974) against conviction and sentence. Mohamed Hershi who was also convicted of theft of the motor vehicle in Criminal Case No 1134 of 1974 also appealed against conviction and sentence (Criminal Appeal No 503 of 1974) and the two appeals were consolidated. The facts are set out in the judgment of the Court.
The appellants did not appear and were not represented.
B Chunga State counsel for the Republic.