113-NLR-NLR-V-57-THAIBO-Appellant-and-ABRAHAMS-S.-I.-Police-Respondent.pdf
Present: Sansoni, J.
THAIliO, Appellant, and ABRAHAMS (S. I. Police), Respondent.S'. C. J,'i33—M. G. J fat ura, (0,773
Veiling on florae JUic-ing Ordinance {Cap. -VJ)—1‘roseculion l he re a inter—Quantum ofevidence—Heel ions 3 (■>'), Id, 17 (6).
In a prosecution far unlawful totting on a horse race, tlic presumptionwhich is said to arise from the fact that the accused, when ho was searched,was found to be in possession of belling slips can be relied on only if Hieconditions prescribed by Sections 1.5 and 17 (fc) of the Betting on HorseRacing Ordinance were fulfilled.
-^bl’PHAL from a judgment of the Magistrate's Court, Mutant..
(!. S. llarr Kuiiiaral ithtshi'jhe, for the licensed appellant. •
A. JI. tie Alnid, Crown Counsel, for the. Attorney-General.
February -S, 2 950. Saxsox i, J.—
The only matter which lias to be considered on this appeal is whethertho prosecution has proved that the accused committed the offence ofunlawful betting on a horse race, in breach of Section 3 (3) of the Bettingon Horse Racing Ordinance (Cap. 30).
Xo evidence was led as to an}' betting having actually taken place.The prosecution relied on the presumption which was said to arise from thefact that tho accused was arrested by Sub-Inspector Abrahams as he waswalking along the road, and on being searched was found to be in possessionof 2o betting slips. The presumption that the accused committed theoffence could only have arisen if the conditions prescribed by Sections 15and 17 (b) of the Ordinance were fulfilled. If the Sub-Inspector hadrecorded his grounds of suspicion that betting was being carried on in aparticular place and the accused was found in that particular place,Ihc position would have been different. But no particular place wasmentioned in the record made by the Sub-Inspector nor was the accusedeven seen coming out of any particular place. The presumption there-fore did not arise. Tho prosecution therefore failed entirely to prove thatthe accused committed any offence.
The appeal must be allowed and the accused acquitted.
Ajipetti allotted.