cannot remember what this maxim is called! help me please!Watch
Can anyone help as to what it is? it was in latin
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(1)A person is guilty of burglary if—
(a)he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or
(b)having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.
(2)The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm F1... therein, and of doing unlawful damage to the building or anything therein.
I imagine that the maxim was referring to the fact that there are two ways to commit burglary (see above), either you:
1.enter as a trespasser with the intention to commit one of the offences in subsection 2, or,
2. having entered as a trespasser you commit any of the offences in subsection (1)(b).
You will notice that criminal damage is included in the first list but not the second. So you cannot be convicted of burglary if you enter as a trespasser without intention to commit an offence and once inside decide to damage something, but you can be convicted of burglary if you entered intending to commit criminal damage.
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