The appellant was convicted on two charges of having in his possession property reasonably suspected of having been stolen or unlawfully obtained, contrary to s. 319 of the Penal Code. The facts alleged and accepted by the magistrate were that he had sold this property to people who did not suspect that it was stolen. Subsequently, after the goods had passed out of the appellant's possession, the police found them in the possession of the purchasers. The police at this stage had reason to suspect that the goods had been stolen.
Held:
(i) Section 319 of the Penal Code cannot be invoked in relation to goods which at some time have been in a person's possession but in respect of which the suspicion only arises after they have left that possession. The suspicion must arise at a time when the person is found still in possession of the goods. The offence is having in his possession such goods and not having had in his possession such goods.
