Recent Posts

6/recent/ticker-posts

Braison s/o Sechayo v. R. (PC) Crim. App. 18-A-67, 25/8/67, Platt J.



Braison s/o Sechayo v. R. (PC) Crim. App. 18-A-67, 25/8/67, Platt J.

Accused broke into a goat house with intent to steal there from. Hearing some noises, the owner of the goat house, who lived adjacent to it, came out and locked accused inside the goat house. Accused was convicted of theft, contrary to sections 294 and 296 of the Penal Code.

            Held: (1) P.C. s. 296 covers any person who “breaks and enters …… a building which is adjacent to a dwelling house and occupied with it ….. and (commits) a felony therein ……” Such a building must be occupied as a human habitation. “It is not sufficient that the building is merely used for some other purpose such as keeping animals therein.” (2) As there was no evidence that accused had moved any of the goats inside, the asportation requirement of the offence of theft was not established. Conviction of attempted (cattle ) theft substituted.

 

Post a Comment

0 Comments