REPUBLIC vs. BAYFORD

The accused is charged on two counts of dishonestly receiving, on the first count 860 brass nuts and on the second count 23 water meters. At the end of the case for the prosecution, counsel for the accused submitted that no prima facie case had been made against the accused. The accused was charged under section 146 of the Criminal Code, 1960 (Act 29), which is a straight forward case of dishonestly receiving stolen property knowing it to have been stolen or knowing it to have been dishonestly appropriated. According to Archbold, Criminal Pleading, Evidence & Practice (36th ed.), there are certain ingredients to be proved. The first is that if it is stealing, then the theft must be proved. If it is dishonestly appropriated, that must be proved. Having proved that, the prosecution must go further and prove that the accused did receive the goods that were misappropriated in any of the following manners: that is, with guilty intent, knowing or should have known or ought to have known t...