Riba v The State

The appellant, a police inspector, and his colleague seized a mini hi‑fi set and 80 CDs from the complainant during a search, allegedly on suspicion that the goods were stolen. Instead of booking the items into the SAP 13 register and storing them at the main police station as required, they took the goods to a satellite police station with no SAP 13 register and kept them in a personal locker. Only two days later, after a complaint was lodged and an investigation commenced, were the goods entered into the SAP 13 register, falsely recorded as having been found abandoned in the street. The appellant and his colleague were charged with corruption and theft. The corruption conviction was set aside on appeal, but the theft conviction and a sentence of four years’ imprisonment were confirmed.

The appeal against conviction and sentence was dismissed. The sentence of four years’ imprisonment was antedated to 1 November 2008.

The case affirms that intention to steal may be inferred from conduct and surrounding circumstances, particularly where police officers unlawfully retain seized property and provide false explanations. It reinforces accountability of law‑enforcement officials and clarifies the application of established theft principles in cases involving abuse of official position.