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​KembaraXtra- Case Law- Walkington (1979)

Burglary & Implied ExclusionI. Case Summary:
  • Defendant (D): Entered behind a shop counter and opened an empty till. Convicted of burglary.
  • D's Defense: He did not realize he was trespassing, believing he was allowed behind the counter.
II. Legal Issue:
  • Whether the area behind the counter constitutes a "part of a building" from which the general public is excluded, for the purposes of burglary.
    • Key Phrase: "part of a building"
    • Key Phrase: "from which the general public are excluded"
III. Court Holding:
  • Jury's Role: It is up to the jury to determine whether the area behind the counter, physically marked, is a "part of a building" with implied restrictions.
  • In this case: The court found that it was clear the public was impliedly prohibited from the counter area.
    • Key Phrase: "impliedly prohibited"
  • D's Knowledge: The court also found that the D knew of this prohibition.
    • Key Phrase: "D knew of this prohibition"
IV. Significance:
  • Illustrates that a physical barrier (like a counter) can create an implied boundary defining a restricted area within a building.
  • Highlights the importance of the defendant's awareness of the restriction in determining trespass.
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