JSB171 Lecture Notes - Lecture 1: Indictable Offence, Burglary
Document Summary
N. b. s22 defence of consent should apply in this offence. S419 (2): if offender enters the dwelling by means of any break, he/she is liable to imprisonment for life. Write: refer to s418 (1) or (3) and analogy to cases. Therefore here, [accused] did/didn"t enter the dwelling by means of a break. S418 (1): pushing open a window that is already partially open, not break; i. e. not opened by unlocking, pulling, pushing, lifting, as it was already partially open: hally. Inserting hand through partially opened window and undid latch and then opened window further, was. Break, i. e. because had to unlatch: parry: knocked on door to see if anyone home, door opened as he knocked, not break: galea. Impersonation, was break: boyle (obtained by saying he was there on behalf of bbc to locate radio disturbances) S419 (3): if: (a) the offence is committed in the night; or.
