Session 21 ESSENTIAL ASPECTS OF THE OFFENCE OF BREAKUNG & ENTERING & RELATED OFFENCES

Question 1

Q1. What are the elements of House Breaking Offence?

Answer 1

Ans: (Paragraph 1)
🫴 A person who; -
1. Breaks
2. And enters
3. A dwelling house of another person
4. With intention of committing a crime inside the house.

( Paragraph 2)
🫴 A person who;-
1. Having entered the dwelling house of another,
2. With intent to commit a crime inside the house, or
3. Having committed a crime inside the house,
4. Breaks out of the house.

( Paragraph 3)
🫴 A person who;-
1. Breaks
2. And enters
3. The dwelling house of another
4. And commits a crime in it

Question 2

Q2. Explain the term Break.

Answer 2

Ans:
🫴 Forcing entry by breaking the window.
🫴 Opening a door or window which was closed but not locked
🫴 Entering a house down a ventilator or through any other opening intended as an entrance

Question 3

Q3. Explain the term Entered.

Answer 3

Ans:
🫴 The defendant is said to have entered the house as soon as any part of his body or any instrument he is carrying enters the building. ( Section 394 CCA)

Question 4

Explain the term dwelling house of another.

Answer 4

Ans:
🫴 Is a house or building where a person normally lives and sleeps.
🫴 The house must belong to another person. A person cannot break into his own home.

Question 5

Q5. Explain the term “with intent to commit a crime”.

Answer 5

Ans: the defendant’s intention must be proved. His intention is directly proved if he committed a crime in the house.

Question 6

Q6. What are the other offences of House Breaking offences?

Answer 6

Ans:
🫴 Unlawfully Breaking and Entering (Sect 396 CCA)
🫴 Entering a dwelling house with intent to commit a crime (Sect 397 CCA)
🫴 Breaking into a building and committing a crime (Sect 398 CCA)
🫴 Possession of House Breaking Implements (Sect 18 SOA)