There was a fracas on the landing in a council block of flats. Access to the landing was gained by an entry phone system controlled by the, occupants of the individual self contained flats. The question for the Divisional Court was whether the communal landing fell within the definition of a dwelling under section 8.
Held: Macpherson J said that the answer to the question had to be found by focusing carefully on the statutory definition. He held that the common parts in issue in that case were the means of access to the living accommodation, but they were not part of the dwelling itself, that they were not part of the structure occupied as a person’s home, and they could not properly be described as living accommodation because the householder lived inward of the front door, and not outward onto the common landing.
Judges:
Kennedy LJ, Macpherson J
Citations:
[1993] Crim LR 1882
Statutes:
Jurisdiction:
England and Wales
Crime
Updated: 09 May 2022; Ref: scu.594663
