The defendant was accused of burglary. On discovery by the householder, he resisted detention. The magistrates took that as violence in the course of the burglary, and sent the case to the Crown Court.
Held: The force used by the occupier was lawful, and the resistance was part and parcel of the burglary for the purposes of paragraph 28(c), and matters of scale and degree had no place in this assessment.
Judges:
Laws LJ, Mitting, Rivlin QC JJ
Citations:
Times 24-Jul-2003
Statutes:
Magistrates Courts Act 1980 S1p28(c)
Jurisdiction:
England and Wales
Crime
Updated: 06 September 2022; Ref: scu.185201
