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Criminal law — common law offences — housebreaking — elements — meaning of terms "breaking", "entering" and "premises"
Criminal procedure — charge — explanation of — C housebreaking with intent to steal — terms of art used in elements of offence should be carefully explained to unrepresented accused
The offence of housebreaking with intent to steal consists of five essential elements: (a) breaking, (b) entering (c) premises (d) unlawfully (e) with intent to steal. Each of these should be carefully explained to an unrepresented accused who pleads guilty to such a charge. These are terms of art whose meaning may not be readily apparent to the layman. The correct method of explaining the elements of the charge and questioning the accused is set out.
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