Rex v Saffer [1915] ZATPD 59 (23 August 1915)

Criminal law. - Evidence. -Possession of stolen propery within preceding twelve months.-Admissibility.-Ord. l of 1903, sec. 219.-Substantial wrong.-Ord. l of 1903, sec. 272.

An accused was charged before a magistrate with receiving stolen property well knowing it to be stolen. .At the trial evidence was led to prove that the
accused had on a previous occasion within the preceding twelve months been found in possession of other stolen property. The magistrate found as a
fact that the evidence did not prove that such other property had been stolen, but convicted the accused on sufficient other evidence. Held, on appeal,
that in view of sec. 219 of Ord. 1 of 1903 such evidence was inadmissible ; Held, further, that the presumption was that the magistrate in convicting
the accused had disregarded the inadmissible evidence, that therefore no substantial wrong in terms of sec. 272 of Ord. 1 of 1903 had been done to the
accused and that the appeal should be dismissed.