Enter Flashcards
What must D do
Enter the building
Which case indicated that the entry must be substantial and effective
R V Collins
Case facts R V Collins
He climbed a ladder and saw a girl asleep, took his clothes off and re-climbed the ladder, the girl awoke and invited him in believing him to be her boyfriend, she consented to have sex with him and realised after her mistake
He was convicted at first instance, wha did the CA decide
quashed conviction on the basis that he had been invited in, so he was no longer a trespasser so he could bot be liable, he would only be liable if the entry had occurred before he had been invited
what did collins also suggest in terms of entry
D did not have to have his entire body in the building
Which case widened the collins definition
R V brown (shop window broken into, D had half his body in the shop, rummaging around for goods)
What did R V Brown decide in terms of entry
that the entry need only be effective and clarified that only part of D’s body needs to be in the building
What came from R V ryan
raises the question of whether entry has to be effective
Case facts of R V ryan
D found with his head and arm trapped in downstairs window- appealed on the grounds that there had been no entry
On appeal what type of entry will be sufficient as indicated i n R V ryan from entry to be effective
partial entry therefore it did not matter that Ryans entry was not substantial
Ryan made it clear that effective refers to what
entry/trespass not to the possibility of being able to commit an ulterior offence
