Section 18: possession of a forged note and proof of knowledge
This section clearly provides that where a person is charged with the offence it is essential that the prosecution must prove that the accused knew that he had in his possession the forged note which is the subject matter of the charge. It is not necessary for the prosecution to lead evidence of actual knowledge; it is sufficient if there is evidence from which knowledge of the accused may be justifiably inferred. It is only when such evidence has been led by the prosecution that “the onus lies upon the accused to prove lawful authority or excuse for his possession, a burden it would be impossible for him to discharge unless it be established that he had knowledge of the possession,”
ASAMOAH v. THE STATE [1962] 2 GLR 207 [1962] SLR (SC) 59 · Supreme Court · 1962 · CRABBE JSC
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