KembaraXtra-Casw Law-Attempted Burglary: Tosti (1997) CA

Case Summary

• Defendant (D): Observed late at night examining a barn padlock.
• Actions:
• Examining the padlock.
• Fleeing upon being watched.
• Car found nearby with oxyacetylene equipment.
• Two other cars with warm engines found nearby.
• Charge: Attempted burglary.
• Appeal Outcome: Dismissed.

Key Legal Question

• Did D's actions (obtaining equipment, driving to scene, approaching barn, examining padlock) constitute acts "more than merely preparatory" and amount to acts "done in the commission of an offense"?

Legal Principle Applied

• Guidance from Geddes case: Used to assess whether actions are "more than merely preparatory."
• (Note: Specific details of Geddes guidance not detailed in this extract, but its application is key).

Court's Finding

• Sufficient evidence existed to demonstrate acts "more than merely preparatory."
• The question was appropriately left to the jury.

Outcome

• Appeal dismissed; conviction for attempted burglary upheld.