R v Enoch 2022


A witness heard the sound of breaking glass and saw B with the top half of his body through a hole in a shop display window. He could not see B's feet but assumed they were on the ground. B was convicted of burglary and appealed on the grounds that he had not 'entered' the building.
 

Held


Appeal dismissed. Conviction upheld.

The term 'enter' did not require the whole of the defendant's body to be within the building. The entry could be described as 'effective' (also see R v Collins 1972).
 
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