“Court defines burglary requiring knowledge of trespassory entry”
The defendant, naked, climbed a ladder to enter a woman's bedroom window intending to have sexual intercourse. The woman, thinking he was her boyfriend, encouraged his entry. Collins was convicted of burglary with intent to commit rape.
Whether a person can be guilty of burglary if they enter premises as a trespasser when the occupier, albeit mistakenly, appears to consent to their entry.
The conviction was quashed. For burglary, the prosecution must prove the defendant entered as a trespasser knowing they were a trespasser or being reckless as to whether they were trespassing.
This case established the mental element required for burglary under the Theft Act 1968, requiring knowledge or recklessness as to trespassory status. It remains the leading authority on the definition of entry as a trespasser.
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OSCOLA Citation
R v Collins [1973] QB 100 (CA)
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