Meaning and Ingredients of the Offence of Act of Gross Indecency

CASE TITLE: PHILIPS v. STATE (2022) LPELR-56907(CA)

JUDGMENT DATE: 18TH FEBRUARY, 2022

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: IBRAHIM ALI ANDENYANGTSO, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on the offences of conspiracy and stealing.

FACTS

This is an appeal against the judgment of the Ekiti State High Court of Justice, sitting at Ado-Ekiti, Coram: Hon. Justice A. A. Adeleye, J., delivered on 18/12/2020 in Charge No. HAD/39C/2018, convicting and sentencing the Appellant to seven years imprisonment for the offences of conspiracy and stealing contrary to Sections 516 and 390 of the Criminal Code Law, Cap C16, Laws of Ekiti State 2012.

The Appellant and two others were arraigned before the trial Court for the offences earlier stated on the ground that on the 29th day of March, 2017, at Water Works Area, Ajilosun, Ado-Ekiti, they conspired together and stole six (6) kegs of diesel oil that belonged to the Ekiti State Government. The Appellant and the others denied knowledge of the commission of the offence whereupon the case proceeded to trial. The prosecution called two witnesses and tendered six Exhibits (A-F1-6 SERIES SIX NOS. kegs of diesel).

The Appellant gave evidence in his defence. Learned Counsel on both sides filed and adopted their written addresses and judgment was delivered as stated above. As earlier stated, dissatisfied with the judgment of the trial Court the Appellant has appealed to the Court of Appeal.

ISSUES FOR DETERMINATION

The Court considered the appeal on this sole issue for determination:

Whether or not the Respondent proved the case of conspiracy and stealing against the Appellant among other Defendants before the Lower Court beyond reasonable doubt.

DECISION/HELD

The Court found merit in the appeal and allowed same.

RATIOS:

• CRIMINAL LAW AND PROCEDURE – INDICTMENT: Proper approach to an indictment which contains conspiracy charge and the substantive charge
• CRIMINAL LAW AND PROCEDURE – OFFENCE OF STEALING: Definition of the offence of stealing; ingredients of the offence of stealing
• EVIDENCE – BURDEN OF PROOF/ONUS OF PROOF: Burden of proof on the prosecution to establish the elements of the offence of stealing; how same is discharged