COMMISSIONER OF POLICE V. DONKOR

JUDGMENT

VAN LARE, J.S.C. [His lordship narrated the facts as set out in the headnote and continued:] It is in respect of these facts that the appellant was convicted. From his reasons, however, the trial district magistrate was satisfied that there was no direct evidence to connect the appellant with the offence charged, but he was of opinion that the facts and circumstances of the case gave rise to no doubts in his mind as to the guilt of the accused and he appeared to base this conclusion on the fact that although the appellant had opportunity to deny the charge before the police, he did not do so.

We are of the opinion, upon a careful study of the judgment, that the trial district magistrate formed an adverse view of the appellant's silence when arrested, and came to the wrong conclusion that the circumstances were such that an early explanation was necessary to dispel doubt of the appellant's guilt. As Lord Caldecote C.J said in R. v. Leckley [1944] K.B. 80 :

"… a caution might ob…