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​KembaraXtra-Case Law- Brown (1985) CA

​Effective Entry for Burglary

 Case Facts:
  • D: Found with top half of body inside a shop window (broken by D), rummaging around. Feet remained outside.
  • Charge: Burglary.
  • Conviction: D was convicted of burglary.
II. Legal Issue:
  • Interpretation of the word "enter" in Section 9 of the Theft Act 1968, specifically what constitutes sufficient "entry" for burglary.
III. Court Holding:
  • "Enter" means "effective" entry.
  • Key Point: Entry does not need to be complete or even substantial.
  • Criterion: Entry only needs to be effective for D to carry out the ulterior offence (the intended crime inside).
IV. Significance:
  • Clarified the threshold for "entry" in burglary cases.
  • Established a lower standard: It is enough that part of the person inside the structure enables or would enable an unlawful act.
  • Broadened the scope of "entry" beyond a complete bodily penetration.
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