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​KembaraXtra - Case Law-Attempted Burglary: Boyle & Boyle (1987)
Case Summary
  • Case Name: Boyle & Boyle (1987) CA
  • Charge: Attempted burglary.
Facts of the Case
  • Defendant (D): Damaged a house door.
  • Intent: To enter as a trespasser and steal.
  • D's Claim: Acts were "merely preparatory."
Legal Issue
  • Whether D's actions constituted "more than merely preparatory" to the commission of the offense.
Court's Decision (Held)
  • The court can refer to common law tests to determine if an act is "more than merely preparatory."
  • Finding: Ample evidence that D intended to enter the house to steal (commit burglary).
  • Conclusion: Breaking down the door was considered "more than a preparatory act."
Key Concept: "More Than Merely Preparatory"
  • This case illustrates the threshold for attempted offenses.
  • Acts must move beyond mere preparation and towards the actual commission of the crime.
  • Application: Damaging the door was a direct step towards entering with criminal intent, thus satisfying the "more than merely preparatory" requirement.




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