COMMISSIONER OF POLICE
V.
ANTHONY ARBAN

JELR 81196 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1938 4 WACA 195-196
CORAM
Cor. Kingdon, Petrides and Webb, C.JJ.
Core Terms Beta
prosecution
possession
conviction
explanation
section
case
present case
r. v
appeal
boxes of shoes
burden
defence
evidence
magistrate
order
ordinance
possession of diamonds
reasonable doubt
satisfaction of the court
actual possession
appellant appeals
circumstantial evidence
constructive possession of a person
direct evidence
evidence of the accused
existence of any fact
fact of possession
general rule of the criminal law
inculpatory facts
lawful manner
necessary inference
new section 150a
place
police magistrate
possession of any diamond
possession of counterfeit coins
second point
sierra leone
similar case
things
w.a.c.a. lagos
whole of the evidence
wi1ls

KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOJ..D COAST AND WEBB, C.J., SIERRA LEONE.

The appellant appeals against a conviction for being found in possession of diamonds contrary to section 11 (3) of Cap. 130. The diamonds were found not on the appellant's person but placed among some boxes of shoes on a shelf in his shop, that is to say they were in his constructive, rather than in his actual possession, and the defence was that the appellant knew nothing about their presence on his premises. Section 11(3) provides: “Any person “who being found in possession of any diamond, does not prove “to the satisfaction of the Court that he obtained such diamond “in a lawful manner shall be guilty of an offence against this “Ordinance” and the Magistrate disposed of the defence as follows:-

“After carefully weighing the whole of the evidence and “also taking into consideration the principles laid down in “the case quoted,” (Reiv v. Schama .,. Abramovl:tch, 11 Cr. “App. R. 45) “I am satisfied that t…

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