R v Davis
Citations: (1823) Russ & Ry 499.
Facts
The defendant attempted to break into a building. He got as far as pushing in a window pane before stopping. During this, part of his finger was seen inside the building. The defendant was charged with burglary, but argued that he was not guilty because he had not ‘entered’ the building.
Issue(s)
- Had the defendant entered the building?
Decision
The defendant was guilty of burglary. His finger had entered the building, and this was sufficient for the actus reus of the offence.
This Case is Authority For…
‘Entry’ into a building includes entry by any part of the body, no matter how small.
