Family Law
Homeowner looses appeal against his conviction for breaking into his own home
A husband who was the joint-homeowner of a property occupied by his estranged wife could be convicted of a crime having used violence to gain entry to a property. The husband had shouted abuse at his wife from outside the property and had demanded that she let him in. When she refused, he used a weight to damage the front door and gain entry, leaving it insecure. When the police arrived the Husband explained it was his property and he could do as he wished. There were no court orders in place and accordingly he had not been formally excluded from living at the home but he had left the property voluntarily and had been living elsewhere.
He was charged with the offence under the Criminal Law Act 1977 of using violence to gain entry to a property when he knew that it was occupied by someone who opposed his entry. He attempted to defend the charge by claiming that he was a "protected intended occupier" under the law.
The appeal court rejected this argument making it very clear that homeowners who break into properties owned by them, but occupied by another, could be guilty of criminal offences .
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