Paskale s/o Stephano v. R., (PC) Crim. App. 126-M-68, 15/3/68, Mustafa J.

Paskale s/o Stephano v. R., (PC) Crim. App. 126-M-68, 15/3/68, Mustafa J.

Accused, a servant of complainant was convicted, inter alia, of entering a dwelling house with intent to commit a felony therein [PC. S. 295}, and stealing [P.C. s. 265}.

            Held: Accused had free access to the house of his employer. Thus it cannot be inferred from the theft of goods alone that accused entered the house with intent to commit a felony. Conviction quashed. (Conviction of theft upheld.)