DIVISION: IN THE SUPREME COURT
DATE: 24TH MARCH, 1961
BEFORE: VAN LARE, SARKODEE-ADOO AND AKIWUMI, JJ.S.C.
CASES REFERRED TO
R. v Lumsden [1951] 2 K.B. 513; [1951] 1 All E.R. 1101; 35 Cr. App. R. 57.
NATURE OF PROCEEDINGS
APPEAL against convictions for stealing and being in premises for an unlawful purpose contrary to section 172 of Cap. 9, (1951 Rev.), by the Circuit Court, Cape Coast (Judge Siriboe) on the 16th November, 1960. The conviction for stealing was upheld. The facts are set out in the judgment of the Supreme Court.
COUNSEL
Appellant in person.
K. Dua Sakyi for the respondent (the State).
[p.185] of [1961] GLR 184
JUDGMENT OF VAN LARE, J.S.C
Van Lare, J.S.C. delivered the judgment of the court. [His lordship dismissed the appeal with respect to the first count and continued:] In regard to the second count of being found in premises for an unlawful purpose, however, the position is different. It is not the house from which the motor vehicle was stolen but another premises, that is to say outside U.A.C. wholesale where the appellant together with others, was found trying to climb a ladder placed outside the wholesale wall in an attempt to enter the premises. In the absence of evidence that the appellant was found in the premises the conviction on the second count on which he was convicted cannot stand. To succeed on the second count there must be clear and unmistakeable evidence that the appellant had been found in the
building. The evidence in this case is that the appellant was found outside the building. We refer to the case of R. v Lumsden1(1) which is in point.
Learned Senior State Attorney finds himself unable to support the conviction on the second count,
and we agree with him. The appeal on the second count is allowed. Conviction and sentence passed in
respect of the second count quashed and set aside. The appellant is acquitted and discharged on the
second count.
The sentences passed at the trial being concurrent there is no difference to the serving term of 3 years I.H.L. on the first count of stealing.
DECISION
Conviction and sentence quashed.
