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KembaraXtra- Case Law - Collins (1973) CA
Facts of the Case
Facts of the Case
- Defendant (D): Collins
- Victim (P): (Unnamed, female)
- Action: D observed P asleep and naked through a bedroom window.
- Trespass: D climbed a ladder and looked into P's window. He later climbed onto the window sill.
- Deception: P, mistaking D for her boyfriend, invited him into the room.
- Act: D and P had sexual intercourse.
- Discovery: P realized D was not her boyfriend.
- Charge: D was convicted of burglary.
- What constitutes "entry as a trespasser" for the purposes of a burglary conviction?
- To be convicted of burglary, the defendant must make a substantial and effective entry as a trespasser before consent is given.
- The defendant was not a trespasser at the time of entry because he was invited in.
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