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​KembaraXtra- Case Law- Jones and Smith (1976)
​Case: Jones and Smith (1976)
Area of Law: Burglary; Trespass
Facts:
  • Defendant (D) stole a television set from his father's house.
  • D had general permission to enter the house.
  • D was convicted of burglary.
Issue:
  • Was D a trespasser, despite having general permission to enter the property?
Held:
  • D was a trespasser if he entered the premises:
    • Knowing he was entering in excess of the permission given, OR
    • Being reckless as to whether he was entering in excess of the permission given.
Key Principles:
  • Trespass can occur even with general permission to enter.
  • Excess of Permission: The crucial element is whether the entry exceeded the scope of the permission granted.
  • Mens Rea: The defendant's knowledge or recklessness regarding exceeding permission is central to establishing trespass.
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