OSAKWE V. THE QUEEN

• Pages: 291-292

OSAKWE V. THE QUEEN

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291

OSAKWE V. THE QUEEN

5

JOSEPH ROLLINGS OSAKWE

V

10 THE QUEEN

SUPREME COURT OF NIGERIA

BRETT,

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J.S.C.

TAYLOR,

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J.S.C.

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BAIRAMIAN,

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J.S.C.

6th December, 1963.

APPELLANT

RESPONDENT

SUIT NO. FSC 60/1963

Legislation - Criminal Code, Section 427.

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Criminal Law - Receiving - Mere willingness to receive not sufficient.

ISSUE:

1. Can a person be convicted of receiving stolen property under Section 427 of

the Criminal Code by his mere willingness to receive it.

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FACTS:

Section 427 of the Criminal Code, which relates to the offence of receiving,

provides that:-

"For the purpose of proving the receiving of anything it is sufficient to show that

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the accused person has, either alone or jointly with some other person, had the

thing in his possession, or has aided in concealing it or disposing of it."

Persons who had stolen a motor car went to the appellant, and he paid some-

one to drive it to his place so that he should see it first. As the car was standing

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in the public road outside his house, the police came along and began inquires,

which brought the facts to light. He was convicted of receiving; but there was no

evidence that he had tried to dispose of it, and he had not taken it into his pos-

session. On appeal:-

HELD:

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A person cannot be convicted of receiving a stolen thing merely because he

was willing to receive it; proof is needed that he, whether alone or jointly with an-

other, has already had the thing in his possession or has already aided in conceal-

ing it or disposing of it.

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[As to

receiving stolen goods,

see 11 HALSBURY'S LAWS (4th Edition) 696

para 1293.]

Appellant not represented.

J.I.

Emembolu, Senior State Counsel,

for the Respondent.

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BAIRAMIAN, J.S.C.

(Delivering the Judgment of the Court) The present appeal

arises out of the theft of a motor car stolen by Accused Nos. 1, 2 and 3, who were

taken by Accused No. 5 to Accused No. 4 with the aim of disposing of the car. All

were convicted - Nos. 1,2,3, of stealing, and Nos. 4 and 5 of receiving. No. 5 has