Description
Recent possession-failure to enter conviction- entering sentence without conviction-section 235(1) of the Criminal Procedure Act.
- The doctrine of recent possession – if a person is found in possession of recently stolen property in absence of any explanation to show how he came about to possess it, he is taken to have been either the actual thief or a guilty receiver.
- Entering Sentence without conviction is contrary to section 235 (1) of the Criminal Procedure Act, Cap. 20 R.E. 2002 which requires a magistrate to convict before passing sentence.
