Mangalsingh v Ross

• Jurisdiction: Trinidad & Tobago
• Court: Court of Appeal (Trinidad and Tobago)
• Judge: Wooding, C.J.
• Judgment Date: 18 September 1963
• Neutral Citation: TT 1963 CA 46
• Docket Number: No. 227 of 1963
• Date: 18 September 1963

Court of Appeal

Wooding C.J.; Hyatali J.A

No. 227 of 1963

Mangalsingh

and

Ross

Appearances:

The appellant did not appear in person or by counsel.

The Acting Solicitor General, Mr. A.C. Reinzi, and Mr. R. Crawford, appeared for the crown.

Criminal law - Evidence — Doctrine of recent possession

Facts: Appellant convicted of theft. Only evidence against him was that he was found with some pieces of elastic which, it is alleged, had been used to secure the parcel in which the stolen jewellery had been placed. Appealed

Held: The evidence in this case to establish possession in law is very meager. The bits of elastic were of such an ordinary kind that it would be quite difficult to found the doctrine of recent possession on the fact that they were found in the keeping of the appellant. Appeal allowed. Conviction and sentence set aside.

Wooding, C.J.

1 Yesterday, when this matter was called the appellant did not appear. We discovered that the notice of the hearing of this appeal had been addressed to him at the Royal Goal where it was said he was in custody awaiting the hearing. It turned out that he was not there and it is clear he has not been in prison for some time past. It has also now been made clear that he was released on the usual recognizance but that the bail bond was not received by the Registrar who consequently had no knowledge that he was on bail ands therefore, could not serve him in the manner authorised by stature with notice of...