The Odumase-Krobo Circuit Court has sentenced a 20-year-old mechanic, John Teye, to four years’ imprisonment after he pleaded guilty to unlawful entry and attempted theft.
Presiding over the case was Kwasi Apiatse Abaidoo, convicted Teye on the two charges. The first charge was unlawful entry in violation of Section 152 of the Criminal Offences Act, 1960 (Act 29), while the second charge was attempted theft, under Section 18(1) of the same Act.
The prosecution, led by Chief Inspector John Brahene, recounted that the crime occurred on April 29, 2025, at about 14:30 hours. The complainant, John Lawer, a labourer residing in Yokwenor, a suburb of Odumase-Krobo in the Eastern Region, had locked his room and stepped out to purchase. The prosecution said shortly after, a neighbour, a witness, noticed that someone had broken into Lawer’s room. Mr Brahene said the neighbour alerted other residents, who rushed to the scene and apprehended the suspect inside the complainant’s room. He said the residents handed Teye over to the police, and a formal complaint was lodged. He said during interrogation that he admitted breaking into the room with the intent to steal a fan.
Following police investigations, Teye was charged with the corresponding offences.Upon reviewing the case and the accused’s admission, the court sentenced Teye to four years’ imprisonment as a deterrent to others.
What is ‘unlawful entry’ ?
Section 152 of the Criminal Offences Act, 1960 (Act 29) creates the offence of unlawful entry. It reads:
A person who unlawfully enters a building with the intention of committing a criminal offence in the building commits a second degree felony.
The offence of unlawful entry has been explained in section 152 of Act 29 as follows:
A person unlawfully enters a building if that person enters otherwise than in the exercise of a lawful right, or by the consent of any other person able to give the consent for the purposes for which that person enters.
There should be an entry by a person’s whole body or at least a part of his body into a building or should have caused an involuntary agent, be it an animal, child or any other thing into a building. In the English case of R v Davies; 168 ER 917, the court held that although it was only the accused finger which passed through a window to steal, it was enough to constitute the offence of unlawful entry.
For an accused person to be liable for unlawful entry, he should have entered into a building which he has no right to enter. If the accused has a right to enter into the premises or obtains the consent of the owner or occupier of the premises then his entry will be lawful and not amount to unlawful entry. Consent should be obtain validly. Any consent obtained through duress, deceit or any inappropriate manner would be held invalid.
The accused should not only have entered into a building unlawfully. The accused should have the intent to commit a crime at the time of the entry. The intent can be proved either by direct or circumstantial evidence. It is not necessary that an actual crime was successfully committed.
What is ‘attempted theft’ ?
Theft and stealing are used interchangeably. Section 125 of Ac 29 defines stealing as:
A person steals who dishonestly appropriates a thing of which that person is not the owner.
In Lucien v Republic [1977]1 G.L.R 351, the court noted that for a charge of stealing to succeed prosecution must prove that the accused was not the owner of the alleged good which have been stolen, there was appropriation by the accused and the appropriation was dishonest.
An attempt to commit a criminal offence is defined under section 18(1) of the Criminal Offences Act, 1960 (Act 29). It states:
A person who attempts to commit a criminal offence shall not be acquitted on the ground that the criminal offence could not be committed according to the intent
(a) by reason of the imperfection or other condition of the means, or
(b) by reason of the circumstances under which they are used, or
(c) by reason of the circumstances affecting the person against whom, or the thing in respect of which the criminal offence is intended to be committed, or
(d) by reason of the absence of that person or thing.
Here, the accused person having formed an intent to commit a substantive offence took steps that should have made him to succeed but however failed.
In terms of punishment of an attempt to commit a crime, section 18(2) states:
A person who attempts to commit a criminal offence commits a criminal offence, and except as otherwise provided in this Act, is liable to be convicted and punished as if the criminal offence has been completed.
Source: myjoyonline
