“Partial entry trapped in window still constitutes entry for burglary purposes.”
Ryan attempted to burgle a house by climbing through a window but became trapped with only his head and right arm inside the building. He had to be freed by firefighters.
Whether partial entry where the defendant becomes stuck constitutes sufficient 'entry' for the purposes of burglary under s.9 Theft Act 1968.
The Court of Appeal upheld Ryan's burglary conviction, holding that his partial entry was sufficient to constitute entry for burglary purposes.
This case confirms the low threshold for 'entry' in burglary law and demonstrates that practical difficulties in completing a burglary do not negate the offence once entry has begun. It's important for understanding the actus reus of burglary and the point at which the offence is complete.
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OSCOLA Citation
R v Ryan (Burglary Entry) [1996] Crim LR 320 (CA)
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