Martin Senzota v. R. Crim. App. 4-A-67; 24/2/67; Bannerman, J.
Appellant was convicted of school breaking and stealing (P.C. s. 296 (1)). He was a teacher in charge of a primary school. When the school was closed and he was transferred elsewhere, he entered a classroom with his own key and removed property belonging to him and some items belonging to the school. The magistrate found that he had no intention of stealing at the time he entered the room.
Held: (1) A “breaking” must be “unlawful and without a legal right to do the act which constitutes the breaking.” (2) The intention to commit a felony must be present at the time of the entry. Convictions quashed, and a conviction for stealing substituted.
0 Comments
PLACE YOUR COMMENT HERE
WARNING: DO NOT USE ABUSIVE LANGUAGE BECAUSE IT IS AGAINST THE LAW.
THE COMMENTS OF OUR READERS IS NOT OUR RESPONSIBILITY.