- established entry must be 'effective and substantial'
- established entry must be 'effective'
- D tried to steal from a house but got stuck in the window
- the fire brigade had to be called for his release
- this was clearly not an effective entry - he couldn't steal anything!
- yet he was still convicted
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'...into a building or part of a building'
B & S V LEATHLEY
- a freezer cabinet was held to be a building as it was connected to eleccy and had doors with locks
N.C V SEEKINGS AND GOULD
- a trailer was not held to be a building as it had wheels
- D went behind the counter of a shop and opened the till
- behind the counter was held to be a building as it was not permissable for customers to be there!
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'...as a trespasser'
- V invited D into her house believing he was her boyfriend
- D could not be classed as a trespasser as he did not know he was a trespasser, according to the courts
- this was because he was given permission to enter
SMITH & JONES
- D went into his father's house which he had been given permission to enter
- he took TV sets from there without informing his father
- it was held that V was guilty of buglary as he had excessed the permission given to him and knowingly did so (this could also be done recklessly)
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