LEGAL PRINCIPLE: CRIMINAL PROCEDURE – Criminal Breach of Trust – Ingredients of Offence
PRINCIPLE STATEMENT
To convict for criminal breach of trust, the prosecution must prove: (a) the accused was a clerk or servant of the person reposing trust; (b) the accused was entrusted with the property or dominion over it; (c) the accused committed breach of trust in respect of it.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Onogwu v. The State (1995) NLC-2861991(SC) at p. 5; Paras B–D.
"In order to procure a conviction for the above offence, the prosecution must prove or establish the following ingredients: (a) That the accused was the clerk or servant of the person reposing trust in him. (b) That he was in such capacity entrusted with the property in question or with dominion over it. (c) That he committed breach of trust in respect of it."
EXPLANATION / SCOPE
Criminal breach of trust requires a fiduciary relationship. The accused must have been entrusted with property. The breach must be dishonest. The principle is codified in the Criminal Code. The prosecution must prove all three ingredients beyond reasonable doubt. The relationship may be employer-employee or principal-agent. The property must belong to the person reposing trust. The rule protects property held in trust. The accused’s failure to account may be evidence of breach. The court will examine the evidence carefully.