23 To make out its case against the Accused, the Prosecution had to prove, beyond a reasonable doubt, that:
(i) the 1000 pieces of Motorola handphones Model C118 were stolen property;
(ii) the Accused had received the said Motorola handphones; and
(iii) the Accused had reason to believe that the said Motorola handphones were stolen property.
Since (i) and (ii) were not disputed by the Defence, I only had to decide whether the Accused had the requisite mens rea for the offence. In considering this issue, I had to consider two differing versions of the sale transaction. Under the circumstances, I carefully scrutinised the evidence adduced before the Court and after doing so I preferred the evidence of Lee as opposed to the Accused.
23 To make out its case against the Accused, the Prosecution had to prove, beyond a reasonable doubt, that:(i) the 1000 pieces of Motorola handphones Model C118 were stolen property;(ii) the Accused had received the said Motorola handphones; and(iii) the Accused had reason to believe that the said Motorola handphones were stolen property.Since (i) and (ii) were not disputed by the Defence, I only had to decide whether the Accused had the requisite mens rea for the offence. In considering this issue, I had to consider two differing versions of the sale transaction. Under the circumstances, I carefully scrutinised the evidence adduced before the Court and after doing so I preferred the evidence of Lee as opposed to the Accused.
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