Nature and Ingredients of The Offence of Criminal Trespass

CASE TITLE: ONWUSOR v. STATE (2024) LPELR-63031(CA)

JUDGMENT DATE: 12TH NOVEMBER, 2024

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: UGOCHUKWU ANTHONY OGAKWU, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on criminal law and procedure.

FACTS:

This appeal is against the decision of the High Court of Borno State.

The Appellant, who was the defendant at the trial Court, was arraigned on a two-count charge of criminal trespass and mischief by causing wrongful destruction of property. The Appellant pleaded not guilty, thereby putting the prosecution to proof of the offences charged.

In proof of the offences charged, the prosecution called three witnesses and tendered seven exhibits while the Appellant testified in her defence and called three other witnesses and tendered five exhibits. In its judgment, the trial Court convicted the Appellant on the count of criminal trespass but discharged and acquitted the Appellant on the count of mischief. It then proceeded to sentence the Appellant to pay a fine of N100,000.00 or, in default, a term of three years’ imprisonment.

Dissatisfied, the Appellant appealed.

ISSUES FOR DETERMINATION:

The Court formulated a sole issue for determination, viz:

Whether the prosecution proved the offence of criminal trespass against the Appellant beyond reasonable doubt so as to warrant her conviction by the lower Court.

DECISION/HELD:

In conclusion, the Court dismissed the appeal.

RATIOS:

• APPEAL- GROUND(S) OF APPEAL: Effect of a ground of appeal from which no issue for determination is formulated
• APPEAL- PROLIFERATION OF ISSUES: The rule against proliferation of issues for determination
• APPEAL- RECORD OF APPEAL: Binding nature of a record of appeal/proceeding
• APPEAL- INTERFERENCE WITH EVALUATION OF EVIDENCE: Duty of trial Court to evaluate evidence and ascribe probative value to same; when an Appellate Court will/will not interfere
• CONSTITUTIONAL LAW- RIGHT TO FAIR HEARING: Need for the principle of fair hearing to be invoked with every sense of seriousness and in appropriate settings
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF CRIMINAL TRESPASS: Ingredients of the offence of criminal trespass
• EVIDENCE- BURDEN OF PROOF/STANDARD OF PROOF: Burden and standard of proof in criminal cases
• EVIDENCE- PROOF BEYOND REASONABLE DOUBT: Meaning/nature of proof beyond reasonable doubt
• PRACTICE AND PROCEDURE- PRELIMINARY OBJECTION: Essence of a preliminary objection; when it should be taken by the court
• PRACTICE AND PROCEDURE- PRELIMINARY OBJECTION: Whether a preliminary objection can be used to attack one or more grounds of appeal

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