An individual who was the freeholder of a matrimonial property, from which he had not been formally excluded and which was occupied by his estranged wife, was not a protected intending occupier under the Criminal Law Act 1977 s.12A, could not avail himself of a defence under s.6(1A) of the Act, and could be convicted of the use of violence to gain entry to a property whose front door he had damaged.

DC (Moses LJ, Irwin J) 1/2/2012