OFFENCES AGAINST PROPERTY: HOUSEBREAKING AND BURGLARY

TOPIC OF THE DAY

- HOUSEBREAKING

- ELEMENTS OF HOUSEBREAKING

- BURGLARY

- ELEMENTS OF BURGLARY

- DINSTINCTION BETWEEN HOUSEBREAKING AND BURGLARY

Housebreaking

Housebreaking is an offence that involves the unlawful entry into a building or premises with the intent to commit a crime, typically theft or another felony. It is a serious offence under Nigerian law, reflecting the societal need to protect the sanctity of one’s home and property. See section 411 of the Criminal Code Act (Cap C38, LFN 2004) which defines housebreaking and prescribes the penalties for the offence and also section 347 of the Penal Code (Northern States) Federal Provisions Act which outlines the offence of housebreaking in the Northern states and see also the case of Queen v. Abu [1960] NNLR 43 where the court held that the act of breaking and entering into a dwelling house with the intent to steal constitutes housebreaking. The defendant’s conviction was based on the evidence of unauthorized entry and intent to commit theft.

Elements of Housebreaking

1. Unlawful Entry: There must be an unauthorized entry into a building or premises. This can occur through breaking, force, or deceit.

2. Building or Premises: The structure entered must be a building or a place where property is kept.

3. Intent to Commit an Offence: The entry must be with the intention to commit a crime inside, usually theft, but it could also be other felonies such as assault or vandalism.

Burglary

Burglary is closely related to housebreaking but typically involves additional elements such as the time of the offence. Burglary is the unlawful entry into a building, especially a dwelling, with the intent to commit a crime, usually theft, during the night. See section 412 of the Criminal Code Act (Cap C38, LFN 2004) which deals with the offence of burglary, specifying the aggravated nature of committing the crime at night and section 348 of the Penal Code (Northern States) Federal Provisions Act which outlines burglary in the Northern states, distinguishing it from housebreaking by its occurrence at night and also the cases of R. v. Onabanjo [1936] 3 WACA 3 where the court established that the prosecution must prove the entry occurred at night and the intent to commit a crime to secure a burglary conviction and also R. v. Ebo [1957] WRNLR 49 where the court emphasized the need for clear evidence of both the unlawful entry and the intent to commit an offence for a conviction of burglary.

Elements of Burglary

1. Unlawful Entry: Similar to housebreaking, burglary involves unauthorized entry.

2. Dwelling House: The entry must be into a dwelling house, emphasizing the invasion of personal living space.

3. Night Time: Burglary specifically occurs during the night, defined as the period between sunset and sunrise.

4. Intent to Commit a Crime: The entry must be with the intent to commit an offence such as theft, assault, or another felony.

Relevant Sections

Distinction Between Housebreaking and Burglary

The key distinction lies in the timing and nature of the premises. Housebreaking can occur at any time and involves any building or premises, while burglary specifically involves entry into a dwelling house during the night.