Practice and Procedure

R v PERRY FLACK (2013)

PUBLISHED January 16, 2013

[2013] EWCA Crim 115

The court gave guidance about the proper process for determining whether a property which had been burgled was a dwelling. Where an offender disputed that it was, he should enter a not guilty plea, in which case there would be two alternative counts on the indictment, one of which averred that the property was a dwelling, and one of which did not. It was not appropriate for there to be a plea of guilty followed by a Newton hearing.

CA (Crim Div) (Treacy LJ, Saunders J, Sir David Clarke)