CORAM
BRETT , JUSTICE SUPREME COURT
HURLEY, JUSTICE SUPREME COURT
BELLAMY, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
COMMISSIONER OF POLICE
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
CRIMINAL LAW – STEALING-COURT
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The appellant was charged for stealing 5 pounds, there was no evidence to show that the money was taken without the consent of the owner.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that the offence of stealing was not proved.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether the offence of stealing was proved against the appellant.
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
ELEMENTS OF THE OFFENCE OF STEALING.
‘An essential ingredient of the offence of stealing is that the thing stolen was taken without the consent of the owner.’ Per Hurley, C.J.N.R
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available