EMMANUEL KOFI V. COMMISSIONER OF POLICE

VAN LARE, J.S.C: In regard to the second count of being found in premises for an unlawful purpose, however, the position is different. It is not the house from which the motor vehicle was stolen but another premises, that is to say outside U.A.C. wholesale where the appellant together with others, was found trying to climb a ladder placed outside the wholesale wall in an attempt to enter the premises. In the absence of evidence that the appellant was found in the premises the conviction on the second count on which he was convicted cannot stand. To succeed on the second count there must be clear and unmistakeable evidence that the appellant had been found in the building. The evidence in this case is that the appellant was found outside the building. We refer to the case of R. v. Lumsden1(1) which is in point.

Learned Senior State Attorney finds himself unable to support the conviction on the second count, and we agree with him. The appeal on the second count is allowed. Conviction and…