Le Vine v DPP
A communal laundry room in sheltered housing is not a 'dwelling' under section 8 of the Public Order Act 1986 because it is not part of the structure occupied as any individual's home or living accommodation, but is a shared facility not under the sole control of any resident.
- Parties
- Claimant: Le Vine; Defendant: DPP
- Jurisdiction
- England and Wales
- Judgment Date
- 06 May 2010
- Procedural Posture
- Criminal Appeal (case Stated) / Appeal From Magistrates' Court
- Outcome
- Appeal dismissed; conviction upheld
- Legal Topics
- Public Order Offences, Definition of Dwelling, Section 4 a Public Order Act 1986
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Le Vine
Claimant
DPP
Defendant
Procedural Posture
Criminal Appeal (case Stated) / Appeal From Magistrates' Court
Legal Issues
- 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 a 'dwelling' under section 8 of the Public Order Act 1986 because it is not part of the structure occupied as any individual's home or living accommodation, but is a shared facility not under the sole control of any resident.
Court Disposition
Appeal dismissed; conviction upheld
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment