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Paschal s/o Nzalaniko v. R., Crim. App. 118-A-67, 4/9/67, Platt J.
Accused was convicted, inter alia, of burglary {P.C. s. 294 (1) ]. The evidence established that he had broken into complainant’s house, but the time of the offence was not clear. He had been seen outside the house at 6:00 P.M., and the breaking and – entering was discovered at 8:00 P.M.
Held: Burglary involves a breaking and entering during the “night,” which is statutorily defined as beginning at 7:00 P.M. [P. C. s. 5]. As this was not clearly shown, the offence proved was not burglary but housebreaking.
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