THE LAW ON ARMED ROBBERY, THEFT AND HOUSE BREAKING IN NIGERIA by Ishaku Gwangndi & Sule Musa Tagi

Author:Ishaku Gwangndi & Sule Musa Tagi [Gwangndi, Ishaku & Tagi, Sule Musa]
Language: eng
Format: epub
ISBN: 9781477218075
Publisher: AuthorHouseUK
Published: 2012-07-24T16:00:00+00:00

CHAPTER IV

House Breaking

Burglary And House Breaking Distinguished

The term Burglary has been defined as follows:

the crime of burglary consisted of breaking and entering of a dwelling house of another in the nighttimes with the intent to commit a felony therein71.

House breaking has been as:

“Also “breaking” means the tearing away or removal of any part of a house or of the locks, latches, or other fastenings intended to secure it, or otherwise exerting force to gain an entrance, with criminal intent: or violently or forcibly breaking out of a house, after having unlawfully entered it, in an attempt to escape. Actual “breaking” involves application of some force, though the slightest force is sufficient, e.g. an actual “breaking” may be made by any covering or fastening of the premises, such as lifting a latch, drawing a bolt etc.”72

Both the offence of burglary and house breaking have the same ingredients. The only dichotomy between the two offences is in respect of time of their commission. The Law draws a difference between the two offences particularly in terms of punishment. If the offence is committed in or during the day time it is called house breaking and is punishable with imprisonment for 14 years. If committed in the night it is called burglary and is punishable with imprisonment for life73. For the purpose of the law, the period of night starts from 6.30 p.m. to 6.30.a.m section 346 of the Penal Code defines House breaking as follows:

A person is said to commit house breaking who commits house trespass, if he effects his entrance into a house or any part of it in any of the six ways herein after described; or if being in the house or any part of it for the purpose of committing an offence or having committed an offence therein, he quits the house or any part of it in any of such ways, that is to say:

a) If he enters or quits through a passage made by himself or by any abettor of the house trespass in order to commit the house trespass;

b) If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance, or through any passage to which he has obtained access by scaling or climbing over any wall or building;

c) If he enters or quits through any passage which he or any abettor of the house trespass has opened in order to commit the house to trespass by any means by which that passage was not intended by the occupier of the house to be opened;

d) If he enters or quits by opening any lock in order to commit the house trespass or in order to quit the house after a house trespass;

e) If he effects his entrance or departure by using criminal force or committing an assault or by threatening any person with assault.

f) If he enters or quits by any passage which he knows to have been fastened against such entrance or departure and to have been unfastened by himself or by an abettor of the house trespass.

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