Section 409 - Evidence of intent to commit an offence.

For the purposes of this Chapter in proving the intent to commit an offence it shall not be necessary to show that the person suspected was guilty of any particular act tending to show this purpose or intent and he may be convicted if from the circumstances of the case and from his known character as proved to the court before which he is brought it appears to the court that his intent was to commit that offence.

Illustration

A man who has been convicted of theft is found by night crouching in the shadow of a locked shop and seeing a policeman at once runs away. He is arrested in possession of a large bundle of keys. It need not be shown that he was trying the keys or attempting to enter the shop.

Note.-For sections 410 to 477 of this Penal Code, see The Penal Code Northern States) Federal Provisions Act (Cap. 345) of the Revised Laws of the Federation of Nigeria 1990 where they have been published as a Schedule to that Act.