Practice and Procedure

R v GARY MILLER (2010)

PUBLISHED March 25, 2010

[2010] EWCA Crim 809

In order for a burglary to be treated as a domestic burglary for sentencing purposes, it was important for the word "dwelling" to appear in the indictment particulars. In the instant case, the fact that the word "home" formed part of the name of the building was not sufficient to indicate that it was a residential dwelling for the purposes of the Theft Act 1968 s.9.

CA (Crim Div) (Walker J, Nicol J)