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Home | Criminal laws | Stealing & Fraud Charges | Breaking And Entering
Breaking And Entering may be actual or constructive. Actual breaking is where the security of the house is infringed though there not need be any breaking of any object see R v Smith (1827) 1 Mood 178.
Constructive Breaking occurs when entry is obtained by fraud, or threats, or by the use of a key which the person is not entitled to use. The test is whether a person entering the house believed he had no authority to enter. See R v Chandler [1913] 1 KB 125
In addition to the above, if there are certain features present, the penalty can be more severe. Those are as follows:
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