Legal Issues

Burglary is a parking area law felony which requires specific elements of gap into the fireside house of another , entering , the spirition to commit a felony and quite often both breaking and entering moldiness occur at night (Clark , marshal and Lazell , 595 ) In to establish a crime of burglary each of these elements must be be . In the case for discussion the homeless person s composition board box house can be considered a habitation house since the crime of burglary is primarily concerned with protection of ane s habitation rather than protection of the property (Clark , marshall and Lazell , 596 ) in that locationfore the fact that the homeless person has established the particular composition board box as a home base for five in series(p) geezerhood leave behind confer upon it the status of a dwelling under the common law felony of burglary . The applicable test is whether it is habitually used as a place to sleep (Clark , marshall and Lazell , 599Occupancy is closely tied to the concept of dwelling under the common law felony of burglary (Clark , marshal and Lazell , 600 ) The building in question is required to be occupied as a dwelling (Clark marshall and Lazell , 600 ) It exit make no difference that the property where the cardboard box house is situated is public property since military control rather than ownership is the appropriate test for establishing the offence of burglary (Clark , Marshall and Lazell , 600 ) Since the homeless person s occupation has endured uninterrupted for five years it follows that he had the consent of the authorities to use the property as a dwelling in much the same modal value as a lessee or lodger in an flatcar .

The deprivation of ownership would not defeat the offence of burglaryThe burglary will not succeed in the absence of a breaking to gain entrée to the cardboard box house (Clark , Marshall and Lazell , 603 ) In other words if the box had an curtain raising which permitted assoil entry then the offence will fail for lack of evidence of an actual breaking Although breaking can be constructive by virtue of fraud or falsification on the part of the offender in gaining entry , there is no evidence of constructive entry . It is assumed that the entry was actual and if the cardboard box did not have an opening permitting free entry , then breaking would have been proved . All that is required is proof of putting aside of something secular which constitutes a part of the dwelling house , and is relied on as a security against intrusion (Clark , Marshall and Lazell , 604Entry , however keen is sufficient to substantiate the offence of burglary provided it is accompanied by condemnable intent (Clark Marshall and Lazell , 612 ) The theft of the battery-powered piano tuner will not suffice to establish felonious intent since such(prenominal) a theft is a misdemeanour . The theft of the radio and the remaining possessions however , will prove that there was an intent to steal valuables and could amount to an intent to commit the felony of larceny (Clark Marshall and Lazell...If you want to get a full essay, order it on our website: Ordercustompaper.com

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