The defendant was accused of burglary. He had followed a woman from a public house, entered her bedroom via a ladder and had sex with her. She thought he was her boyfriend. He denied entry as a trespasser with intent to rape, saying she had invited him in as he was about to enter the window.
Held: He entered as a trespasser if he entered knowing or being reckless as to whether he was entering unlawfully. The jury had to conclude that he had already made a substantial entry into the house before he had been mistakenly invited in. The direction had not been in adequate terms, and the conviction was overturned. The common law doctrine of trespass ab initio has no application to burglary under the Theft Act 1968.
Judges:
Edmund Davies and Stephenson L.JJ. and Boreham J.
Citations:
[1972] EWCA Crim 1, [1972] 2 All ER 1105, [1973] 3 WLR 243, 56 Cr App Rep 554, 136 JP 605, [1973] QB 100
Links:
Statutes:
Crime
Updated: 06 June 2022; Ref: scu.174740
