← belizelaw.ai · Evidence, Cap. 95 · PART III — Relevevancy of Guilty Knowledge
Evidence
Cap. 95, s. 41 · Revised Edition 2020
(1) Whenever any person is being proceeded against for handling stolen goods, knowing or believing them to have been stolen, or for having in his possession stolen property, for the purpose of proving guilty knowledge there may be given in evidence at any stage of the proceedings–
(a) the fact that other property stolen within the period of twelve months preceding the date of the offence charged was found or had been in his possession;
(b) the fact that within the five years preceding the date of the offence charged he was convicted of any offence involving fraud or dishonesty.
(2) The fact referred to in sub-section (1)(b) may not be proved unless27
(a) seven days’ notice in writing has been given to the offender that proof of such previous conviction is intended to be given;
(b) evidence has been given that the property in respect of which the offender is being tried was found or had been in his possession.
(3) No person shall be liable to be convicted of–
(a) stealing any will;
(b) stealing any document of title to land;
(c) conversion of any property; or
(d) conversion whilst a trustee of any property,
upon any evidence whatever in respect of any act done by him, if at any time previously to his being charged with such offence he has first disclosed such act on oath, in consequence of any compulsory process of any court of law or equity in any action, suit or proceeding which has been bona fide instituted by any person aggrieved.
(4) In any proceedings in respect of any of the offences mentioned in sub-section (3), a statement or admission made by any person in any compulsory examination or deposition before any court on the hearing of any matter in bankruptcy shall not be admissible in evidence against that person.
(5) In any proceedings for the theft of anything in the course of transmission (whether by post or otherwise) or for handling stolen goods from such a theft, a statutory declaration made by any person that he despatched or received or failed to receive any goods or postal packet, or that any goods or postal packet when despatched or received by him were in a particular state or condition, shall be admissible as evidence of the facts stated in the declaration, subject to the following conditions28
(a) a statutory declaration shall only be admissible where and to the extent to which oral evidence to the like effect would have been admissible in the proceedings; and
(b) a statutory declaration shall only be admissible if at least seven days before the hearing or trial a copy of it has been given to the person charged, and he has not, at least three days before the hearing or trial or within such further time as the court may in special circumstances allow, given the prosecutor written notice requiring the attendance at the hearing or trial of the person making the
Amended by: 33 of 1980; 6 of 1982; 33 of 1980
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