- Published on
KembaraXtra- Case Law- Ryan (1996)
Burglary & Entry
Facts of the Case:
Burglary & Entry
Facts of the Case:
- Defendant (D): Found stuck in a downstairs window of an occupied house in the early morning.
- D's Position: Head and arm inside the window; the rest of his body outside. Window resting on his neck, trapping him.
- D's Claim: Trying to retrieve his baseball bat, which a friend had put through the window.
- Conviction: Initially convicted of burglary.
- Appeal: Appealed on the basis that his action did not constitute an "entry" under s 9 of the Theft Act 1968.
- Did D's partial intrusion into the house through the window constitute an "entry" for the purposes of burglary under s 9 of the Theft Act 1968, even though he was physically trapped?
- Entry Established: It was possible to enter a building under s 9, even when only part of the body was inside, citing Brown as precedent.
- Irrelevant Incapacity: It was irrelevant that D was incapable of stealing anything because he was trapped. The act of entering with the intent to commit theft (or other relevant offense) is sufficient.
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