Burglary - Trespasser Flashcards
D had been drinking, and decided he wanted sex. He went past a house where he knew a young lady lived and saw and open window. He climbed a ladder up to the window and peered in. She was lying naked on the bed, which was near the window. D descended the ladder, took off all his clothes and climbed back up the ladder. As he reached the window, the young lady woke up saw a naked man and thinking he was her boyfriend invited him in; they then had sexual inter course. She then realised it was not her boyfriend.
What case was this?
Collins
What was held in Collins?
It was accepted that an invitation from the young lady would have been sufficient to make Collins entry not trespass. D should be liable for burglary only if he knowingly trespasses of its subjectively reckless as to whether he trespasses.
Not guilty
Where D is given ______ to enter but then goes beyond that ______, he may be considered a trespasser.
Permission
Permission
D stole two television from his fathers house, which he had general permission to enter. He had left home but was allowed to visit.
What case as this?
Smith and Jones
What was held in Smith and Jones?
D was a trespasser if he entered premises knowing that or being reckless as to whether, he was entering in excess of any permission that had been given in him to enter.
Guilty
A ______ account must be taken as to whether the accused saw himself as a trespasser. If D enters ______, he is not necessarily a trespasser for the purposes of burglary.
Subjective
Accidentally
