R v Collins
English court case involving trespass, mistaken identity, and a sexual assault charge / From Wikipedia, the free encyclopedia
For the namesake Canadian case on exclusion of evidence, see R v Collins (1987).
R v Collins 1973 QB 100 was a unanimous appeal in the Court of Appeal of England and Wales which examined the meaning of "enters as a trespasser" in the definition of burglary, where the separate legal questions of an invitation based on mistaken identity and extent of entry at the point of that beckoning or invitation to enter were in question.
Quick Facts R v Collins, Court ...
R v Collins | |
---|---|
Court | Court of Appeal – Criminal Division |
Decided | 5 May 1972 |
Citation | [1973] QB 100; [1972] 3 WLR 243; 2 All ER 1105; 56 Cr App R 554 |
Cases cited | None |
Legislation cited | Theft Act 1968, Section 9(1)(a) |
Case history | |
Prior action | Trial at Essex Assizes (Crown Court at Colchester) |
Subsequent action | None |
Court membership | |
Judges sitting | Edmund Davies and Stephenson L.JJ. and Boreham J. |
Keywords | |
|
Close
Collins was a 19-year-old workman with access to a ladder to a very small family he knew of after a late-night drinking. He was convicted of burglary: with intent to commit rape of an 18-year-old woman[1] and sentenced to a term of imprisonment. This was overturned at this appeal.