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REX
V.
SAM MOFOR
THE WEST AFRICAN COURT OF APPEAL, HOLDEN AT LAGOS, NIGERIA
19TH DAY OF OCTOBER, 1944
2PLR/1944/42 (WACA)
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OTHER CITATION(S)
2PLR/1944/42 (WACA)
(1944) X WACA P. 251
LEX (1944) – X WACA P. 251
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BEFORE THEIR LORDSHIPS:
DONALD KINGDON, C.J., NIGERIA
HARRAGIN, C.J., GOLD COAST
BROOKE, J.
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BETWEEN:
REX – Respondent
AND
SAM MOFOR – Appellant
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ORIGINATING COURT(S)
APPEAL BY THE DEFENDANT FROM HIS CONVICTION BY THE HIGH COURT OF CALABAR
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REPRESENTATION
N. G. Hay — for the Crown
Appellant not present
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
CRIMINAL LAW AND PROCEDURE:- Charge of unlawfully entering a dwelling house with intent to commit a felony — Conviction where finding inadequate to establish offence charged — Criminal Code, section 412 — How treated on appeal
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CASE SUMMARY
Sam Mofor having been charged with unlawfully entering a dwelling house with intent to commit a felony therein, the trial Judge found that Sam Mofor had entered the house “for an illegal purpose”.
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DECISION(S) OF THE WEST AFRICAN COURT OF APPEAL
Held (allowing the Appeal; and quashing the conviction and sentence) that:
It being of the essence of the offence that there should be intent to commit a felony, in the absence of a proper finding to that effect, the conviction was unwarranted.
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MAIN JUDGMENT
The judgment of the Court was read by the President:
The Appellant was charged under Count I with unlawfully entering a dwelling house with intent to commit a felony therein contrary to section 412 of the Criminal Code. It is of the essence of the offence that there should be intent to commit a felony. The learned trial Judge found that the Appellant entered “for an illegal purpose”. He did not find that the entering was with intent to commit a felony, and indeed it is doubtful if there was intent to commit a felony. This is fatal to the conviction. The appeal against the conviction upon Count 1 is allowed, the conviction and sentence upon Count I are quashed and it is directed that in respect of Count 1 a judgment and verdict of acquittal be entered.
Appeal allowed; conviction and sentence quashed.
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