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Rajabu Abdallah v. R., Crim App. 607-D-67, 25/10/67, Biron J.
Accused was charged with housebreaking and was convicted of attempted housebreaking. The charge stated that he broke and entered a specified dwelling house “with intent to commit a felony therein,” but it did not specify the felony which had been intended.
Held: (1) The accused was not informed as to what he was charged with, for the intent, which is an indispensable ingredient of the offence, was never specified. (2) The defect is not curable on appeal.
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