R v Collins [1973]

1. Facts:

• Scenario: D climbed a ladder intending to commit rape. V, mistaking D for her boyfriend, invited him in.

2. Outcome:

• Decision: The House of Lords held that D did not enter as a trespasser since he had V's permission to enter. D must have known he was trespassing or acted recklessly regarding his status as a trespasser.

3. Impact and Analysis:

• Legal Principle: The case clarifies the definition of trespassing in burglary, emphasising that knowledge or recklessness about trespassing is necessary for a conviction.

• Implications: The ruling highlights the necessity of proving the mental element of trespassing in burglary cases. If a person enters a property with the belief that they have permission, they cannot be convicted of burglary, even if their intentions once inside are criminal. This decision underscores the importance of the defendant's state of mind in determining criminal liability for burglary.