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NICHOLAS NAVARON
having dominion over the object. And it must be conscious and intelligent possession and
not mere the physical presence of the accused in the proximity or even close proximity of
the object
Varia v PP
The fact that two appellants who aboard a tongkang where 13 bags of flour were discovered
is no proof that they were in possession of the bags of flour
HE DID SO DISHONESTLY
Sections 24 & 23
HE KNEW OR HAD REASON TO BELIEVE THE PROPERTY WAS STOLEN
Section 26 defines reason to believe as having sufficient cause to believe that thing, but not
otherwise
Ahmad bin Ishak v PP
To determine this, one must look at the circumstances such that any reasonable man could
see sufficient cause to believe it was stolen
Samad bin Kamis v PP
The court held that the second appellant clearly had reason to believe that the property,
marine fuel oil, was stolen property. He had purchased the oil at less than half the market
value and he know that the oil was sold to him at a very cheap price
BANTA SINGH V PP
Section 411 is subject to the presumption of Section 114 of the Evidence Act which states
that the court may presume the existence of any fact which it thinks likely to happen.
Illustration (a) to Section 114 of the Evidence Act provides that the court may presume a
man who is in possession of stolen goods soon after the theft is either the theft or has
received the goods knowing them to be stolen, unless he can account for his possession
PP v Wan Mohd Rahim bin Wan Mohd Zin
The respondent was arrested for riding a stolen motorcycle which bore false number plates
with a different registration number
Held : There is no inflexible rules about the minimum or maximum lengths of time which
should lapse in order that the presumption may or ought not to be drawn. Each case must
depend on its own facts. For a motorcycle, since it is not easy to be disposed of, a lapse of 17
days or a little more than two weeks may raise such presumption as stated in illustration (a)
to Section 114 of the Evidence Act
NICHOLAS NAVARON
HABITUALLY RECEIVES OR DEALS IN STOLEN PROPERTY S 413
Requirements :
1.
2.
3.
4.