Bakari s/o Issa v. R., Crim. App. 800-D66; 11/1/67; Biron, J.

Bakari s/o Issa v. R., Crim. App. 800-D66; 11/1/67; Biron, J.

Accused were convicted of housebreaking (P.C. s. 294(1) ) and stealing (P.C. s. 265). One charge of housebreaking was dismissed as against all the accused. All but one of the accused were acquitted of the remaining charge or were successful on appeal.

            The Court State, obiter: (1) With respect to the dismissed housebreaking charge, the fact that the house was occupied only intermittently did not preclude a conviction. (2) With respect to two of the accused who presented evidence of their minority, medical evidence of their ages should have been adduced and a finding made thereon before they were awarded the statutory corporal punishment.