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House Breaking Assingment

The document discusses a criminal law assignment involving scenarios of housebreaking and false pretenses. It concludes that Dele, despite attempting to break into Tayo's house, is not guilty of an offense due to lack of successful entry. Additionally, Okemkpi is guilty of obtaining a loan under false pretenses by pledging a fake Rolex watch.

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22 views2 pages

House Breaking Assingment

The document discusses a criminal law assignment involving scenarios of housebreaking and false pretenses. It concludes that Dele, despite attempting to break into Tayo's house, is not guilty of an offense due to lack of successful entry. Additionally, Okemkpi is guilty of obtaining a loan under false pretenses by pledging a fake Rolex watch.

Uploaded by

adaezeosuchukwu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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NAME: OSUCHUKWU ADAEZE C.

REG NO: RNU/LAW/2017/0024


COURSE: CRIMINAL LAW

ASSIGNMENT

1. If Dele in the process of breaking into the house of Tayo with intent to steal
from it projects the instrument into the window in order to force open the window
and thereby gain entry into the building. When Tayo heard the noise being made
by the force exerted on the window, raised an alarm which made Dele to take to his
heels abandoning his instrument. Has Dele committed any offence?

2. What is the distinguishing element between the offence of housebreaking and


burglary?

3. What is the punishment for the offence of housebreaking under the Criminal
Codeand housebreaking by night under the Penal Code?

4. If Okemkpi approached his bank for a loan and offered to pledge his Rolex gold
Wristwatch on account of which he was advanced a loan. Later, it was
discovered that the said Rolex gold wristwatch is in fact a fake. What offence has
Okemkpi committed, if any?

ANSWERS
1. Considering the definition of breaking according to section 410 of
the criminal code which states that, the act of breaking constitutes
the actual breaking of any external orinternal part of a building or by
unlocking, pulling, pushing, lifting of a door,window shutter which
are ordinarily used for closing or opening a building or used as
giving passage to the building or from one part of the building to
another. Dele with the use of an instrument and an intent to steal
from Tayo tried to gain access into the house forcefully, he fulfiledl
all the elements that ought to be present in order to constitute a house
breaking or burglary which include;
a. that the building in question is a dwelling-house and the
defendant broke into it;
b. that there is breaking in and/or out, and entry into the building.
c. That the breaking was with intent to commit a felony (a crime)
therein.
Dele has the intent to commit a crime and has achieved breaking and
entering the house by means of using an instrument before an alarm
was raised and as such is guilty of house breaking or burglary. It was
held in the case ofUKO V.STATE (1972) 10 SC 31, when the
appellant appealed to the supreme court that charges against the
appellant for breaking and entering into the house of PW1could not
be sustained as it had not been shown that the appellant broke and
entered into the house. He was only seen around the house premises
according to the evidence given by PW3. Following the above case,
Dele is not guilty of any offence, either of house breaking or
burglary.

2. The element that distinguishes between house breaking and burglary


is the time of day when the crime was committed. If it is committed
during the day it is house breaking but if it is committed at night, it is
burglary. It must be committed between the hours of 6:30pm and
6:30am to be burglary.

3. According to section 411 of the criminal code, the punishment for


house breaking includes imprisonment for fourteen years. While the
punishment for house breaking by night or burglary includes an
imprisonment sentence.

4. According to the facts of the case, Okemkpi is guilty for obtaining


the loan from the bank under false pretence under section 419 of the
criminal code and under Section 1(a) of the Advance Fee fraud and
Other Related Offences Act, Vol. 1 Cap A6 LFN 2006 which states
that; “Notwithstanding anything contained in any other enactment or
law, any person who by any false pretense, and with intent to
defraud-
(a) Obtains from any other person, in Nigeria or any other country, for
himself or any other person,
is guilty of the offence of obtaining property by false pretense and
according to sub section 3 of section 1, such person is liable on
conviction to imprisonment for a term of not more than 20 years and not
less than 7 years without the option of a fine.

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