R v William Mulumbu (Criminal Review Case 283 of 1939) [1939] ZMHCNR 15 (31 December 1939)

[Vol. II R . v. W ILLIAM MULUMBU. Crim inal R eview Case No. 283 of 1939. Section 273 (1) Penal Code—storebreaking and theft—correct method o f charging. As it is necessary to prove that a felony was committed as well as that there was a breaking and entering to obtain a conviction under this subsection there should be no reference to section 243 o f the Penal Code in the statement o f the offence but the details o f the felony alleged should be set out in the particulars. T h om son , A . J .: The accused in this case was charged with store­ breaking and theft in contravention o f sections 273 (1) and 243 o f the Penal Code. . . . The charge, however, should have been laid in con­ travention o f section 273 (1) only. Under that section to constitute an offence it is necessary to establish the commission o f a felony in addition to a breaking and entering and it is therefore unnecessary and improper to im port into the charge any allegations o f a contravention o f section 243.