DPP v Chivers

DPP v Chivers

'Land' in section 68 of the Criminal Justice and Public Order Act 1994, as amended, includes buildings; the District Judge erred in dismissing the informations on the basis that 'land' excludes buildings.

Parties
Claimant: DPP; Defendant: Chivers
Jurisdiction
England and Wales
Judgment Date
23 June 2010
Procedural Posture
Criminal Appeal / Judgment on Case Stated
Outcome
appeal allowed
Legal Topics
Aggravated Trespass, Definition of Land, Amendment by Anti Social Behaviour Act 2003
Criminal Law Statutory Interpretation Aggravated Trespass Definition of Land Amendment by Anti Social Behaviour Act 2003

Case Brief

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Parties

DPP

Claimant

Chivers

Defendant

Procedural Posture

Criminal Appeal / Judgment on Case Stated

Legal Issues

  1. 1 Does 'land' in sections 68 and 69 of the Criminal Justice and Public Order Act 1994 as amended include buildings?
  2. 2 Was the District Judge correct to dismiss the informations on the basis that 'land' excludes buildings?

Ratio Decidendi

'Land' in section 68 of the Criminal Justice and Public Order Act 1994, as amended, includes buildings; the District Judge erred in dismissing the informations on the basis that 'land' excludes buildings.

Court Disposition

appeal allowed

Orders

  • matter remitted to continue the hearing