Paul v. R. Crim. App. 26-D-71; 15/3/1; Biron J.

Paul v. R. Crim. App. 26-D-71; 15/3/1; Biron J.

The appellant (who was the original accused No. 3) was charged with two other men on two pairs of related counts of burglary and stealing c/ss 294(1) and 265 of the Penal Code and was convicted on once pair of the charges. In respect of the charge against the first accused the magistrate held that fishing out clothes out of a broken window did not constitute “entering”.

Held: (1) “It is pointed out for the benefit of the magistrate that breaking the window during the might and pole-fishing the clothes through the broken window constitute the offences of burglary and stealing. It is sufficient to quote a passage from arch bold, 35^th edition, paragraph 1805:- “1805. The entry. There must be an entry, as well as a breaking, to constitute burglary; although we have seen that the entry need not be on the same night as the breaking: ante, Para. 1799. The least degree of entry, however, with any part of the body, or with any instrument held in the hand, is sufficient; as, for instance, after breading the door or window, etc., to step over the threshold, to put a hand or a finger (R. & R. 499) or a hook or other instrument in at a window to draw out goods, ………..” (2) Appeal dismissed.