Le Vine v DPP [2010] EWHC 1128 (Admin) (06 May 2010)

Le Vine v DPP [2010] EWHC 1128 (Admin) (06 May 2010)

A communal laundry room in sheltered housing is not part of any individual's dwelling under section 8 of the Public Order Act 1986, as it is not occupied as a person's home or living accommodation but is a shared facility.

Citation
[2010] EWHC 1128 (Admin)
Parties
Claimant: Le Vine; Defendant: DPP
Jurisdiction
England and Wales
Judgment Date
06 May 2010
Procedural Posture
Appeal by Way of Case Stated / Judgment
Outcome
Appeal dismissed; conviction upheld.
Legal Topics
Public Order Offences, Statutory Interpretation, Definition of Dwelling

Case Brief

Summary, issues, holding and outcome

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Parties

Le Vine

Claimant

DPP

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment

  1. 1 Whether a communal laundry room in sheltered housing constitutes a 'dwelling' under section 8 of the Public Order Act 1986

Ratio Decidendi

A communal laundry room in sheltered housing is not part of any individual's dwelling under section 8 of the Public Order Act 1986, as it is not occupied as a person's home or living accommodation but is a shared facility.

Court Disposition

Appeal dismissed; conviction upheld.