OTTO GEORGE GFELLER V. THE KING

POLICY AND PRACTICE LAW REPORTS, 2PLR

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OTTO GEORGE GFELLER

V.

THE KING

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

24TH DAY OF JUNE, 1943

PRIVY COUNCIL APPEAL NO. 57 OF 1942

2PLR/1942/24 (WACA)

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OTHER CITATION(S)

2PLR/1942/24 (WACA)

(1942) IX WACA PP. 12 – 18

LEX (1943) – IX WACA 12 – 18

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BEFORE THEIR LORDSHIPS:

LORD MACMILLAN

LORD PORTER

LORD CLAUSON

SIR GEORGE RANKIN

SIR MADHAVAN NAI

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BETWEEN:

OTTO GEORGE GFELLER – Appellant

AND

THE KING – Respondent

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ORIGINATING COURT(S)

FROM THE WEST AFRICAN COURT OF APPEAL

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ISSUE(S) FROM THE CAUSE(S) OF ACTION

CRIMINAL LAW AND PROCEDURE:- Receiving of stolen goods – What prosecution would need to prove to succeed – When onus would shift to accused to explain receipt to negative intention –  Duty of court in giving direction to the jury – Relevant considerations

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CASE SUMMARY

The Appellant was tried by the Supreme Court of Nigeria on a charge framed under section 427 of the Criminal Code of Nigeria that he did on the 20th February, 1941, receive 156 bottles of Gordon’s gin, knowing the same to have been stolen. He was convicted and sentenced to three years’ imprisonment with hard labour. On appeal to the West African Court of Appeal his conviction was upheld but his sentence was reduced to eighteen months’ imprisonment with hard labour.

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