Dwelling Flashcards
Before the act in 1668 what could be burgled
only dwellings
the theft act 1968 abolished the difference between what
dwellings and buildings, which meant all buildings could be burgled
who re-established the difference between dwellings and buildings and how did they do this
the s.26 (2) Criminal Justice Act 1991 re-esbalished through the sentencing for burglary
which case did the CA indicated that dwelling should be left to the jury to decide as it was an ordinary word and no explanation was necessary
R V Flack
who interprets dwelling differently
CPS and the Home Office
case facts of R V sticklen
D burgled an empty residential house that was undergoing renovations and was convicted, CA judge indicated that it was wrong for the judge to state this was clearly a dwelling home given it was not someones home. CA reduced sentence
By the CA reducing the sentence in R v sticklen what does this indicate
that the courts have inferred that stealing from a house being renovated isn;t more serious than stealing from a commercial property
Is it clear whether an unfinished building or a dilapidated building is a dwelling
no, for the purpose of burglary this remains unclear
What did R V manning indicate
that an unfinished house is a building for the purpose of burglary
