Rex V. Sam Mofor (1944)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Conviction where finding inadequate to establish offence charged—Criminal Code, section 412.

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 “. On appeal :-

Held, that it being of the essence of the offence that there should he intent to commit a felony, in the absence of a proper finding to that effect; the conviction was unwarranted.

Appeal by the Defendant from his conviction by the High Court of Calabar.

N. G. Hay for the Crown.

Appellant not present.

The judgment of the Court was read by the President :-

The Appellant was charged under Count 1 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 1 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.