COMMISSIONER OF POLICE V. SAGNIA.

MILES C.J.

This appellant was convicted in the Bathurst Magistrate's Court of breaking into and entering the dwelling-house one Fatou Jallow and stealing a number of articles of jewellery and money to the value of £6 16s. Od. He was sentenced to twelve months' imprisonment with hard labour. He now appeals against conviction and sentence.

This was a pure question of fact. The Magistrate accepted the evidence of the prosecution witnesses and I can see no reason why he should not have done so. The appellant told the police a number of inconsistent stories and he did the same in court. In these circumstances it is not surprising that the learned Magistrate disbelieved him

Mr. Bridges has very properly drawn my attention to the fact that the charge was laid under section 283 of the Criminal Code. This was plainly an error for section 281 (1). Both the statement and the particulars of offence made it perfectly clear to the appellant that he was charged with breaking and entering a dwelling-ho…