Odger's English Common Law

HOUSEBREAKING. 395
yields to the temptation of stealing something which he sees
inside, he is guilty only of larceny from a dwelling-house.
But whatever intent is alleged in the indictment must be
clearly proved, and it must be shown that the accused had
this intent at the time when he broke and entered the
dwelling-house. 1
An indictment for burglary should state that the offence was committed
in the night. 2 On an indictment for burglary, the jury may convict the
prisoner of housebreaking, or of stealing from a dwelling-house ; on an
indictment for housebreaking, of stealing from a dwelling-house.
It is also a felony punishable with seven years' penal
servitude to enter a dwelling-house by night with intent to
commit a felony therein. 3
This provision is often useful
where there is technically no breaking, e.g., where a thief
enters a house through an open door in search of plunder.
Housebreaking.
The offence of housebreaking is also a felony and triable
at Quarter Sessions.
It may be committed in three different ways :
(a) If a person breaks and enters at any time during the
day or night any dwelling-house or any building within the
curtilage of a dwelling-house and occupied therewith, or any
school-house, shop, warehouse, counting-house, office, store,
garage, &c, and commits a felony therein; or
(b) if a person, being in any such building, commits a
felony therein and then breaks out ; or
(c) if a person breaks and enters any such building with
intent to commit a felony therein, although he does not
actually commit it. 4
The crime is punishable with penal servitude in cases (a)
and (b) to the extent of fourteen years—in case (c) to the
extent of seven years.
—
i R. v. Rodley, [1913] 3 K. B. 468 ; R. v. Kurasch, [1915] 2 K. B. 749.
2 See Indictment, No. 5, in the Appendix.
» Larceny Act, 1916, s. 27 (1).
' lb. ss. 26, 27.