“Trespass for burglary can occur within buildings you're otherwise permitted to enter.”
Walkington entered a department store as a customer but then went behind the till counter in an area prohibited to customers, intending to steal from the till.
Whether a person could be a trespasser for burglary purposes when entering a prohibited area within premises they were generally permitted to be in.
The Court of Appeal upheld Walkington's burglary conviction, holding that he was a trespasser when he entered the area behind the counter.
This case clarifies the meaning of 'trespasser' in burglary law and establishes that permission to enter can be geographically or purposely limited. It's essential for understanding the entry requirement in burglary and the concept of conditional permission.
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OSCOLA Citation
R v Walkington [1979] 1 WLR 1169 (CA)
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