CORAM
BAIRAMIAN CHIEF JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
PARTIES
ANOWELE & G. NWAFOR
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINIAL LAW AND PRACTICE
SUMMARY OF FACTS
The appellants and two others were convicted –
(1) of conspiracy to commit the felony of housebreaking and stealing;
(2) of breaking into a store,
(3) of stealing goods from the store,
(4) of being in possession by night of housebreaking Instruments,
(5) of being in possession of two smooth-bore firearms having a barrel which had been shortened or manufactured to a length of less than twenty inches,
(6) of being in possession of cartridges.
HELD
The Court ordered as follows –
The appeal of Chukwueloka Anowele against conviction in the Onitsha charge 0/37C/64 is dismissed, the appeal of George Nwafor against conviction under the charge was dismissed so far as counts 1, 2, 3, and 4 are concerned, and allowed in regard to counts 5 and 6, of which an acquittal was enteredts 5 and 6 a verdict of acquittal shall be entered.
ISSUES
RATIONES DECIDENDI
THE OFFENCE OF POACHING UNDER THE GAME LAWS
The possession of one is the possession of all. Under the Game Laws it has been held that where several persons go out poaching in the night time, and one is armed with a gun, all are armed. Per Bairamian JSC
CASES CITED
Reg. v. Goodfellow and others, 1 Den. C.C.81
STATUTES REFERRED TO
Game Laws