Att. Gen. v Sheldrake [1981] JLR 47 (26 May 1981)

Att. Gen. v Sheldrake [1981] JLR 47 (26 May 1981)

Where evidence is only of recent possession, alternatives of theft or receiving may be put to the jury, but if the accused's explanation is preposterous, the court may refuse to leave the receiving charge to the jury.

Citation
[1981] JLR 47
Parties
Applicant: Attorney General; Respondent: Sheldrake
Jurisdiction
Jersey
Judgment Date
26 May 1981
Procedural Posture
Criminal / Appellate
Outcome
clarified legal principle
Legal Topics
Larceny, Evidence, Recent Possession, Theft, Receiving
Criminal Law Larceny Evidence Recent Possession Theft Receiving

Case Brief

Summary, issues, holding and outcome

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Parties

Attorney General

Applicant

Sheldrake

Respondent

Procedural Posture

Criminal / Appellate

Legal Issues

  1. 1 Whether alternatives of theft or receiving may be put to the jury when evidence is only of recent possession
  2. 2 Whether the court may refuse to leave the receiving charge to the jury if the accused's explanation of possession is preposterous

Ratio Decidendi

Where evidence is only of recent possession, alternatives of theft or receiving may be put to the jury, but if the accused's explanation is preposterous, the court may refuse to leave the receiving charge to the jury.

Court Disposition

clarified legal principle