R v Flack (Perry)

JurisdictionEngland & Wales
JudgeMr Justice Saunders
Judgment Date16 January 2013
Neutral Citation[2013] EWCA Crim 115
Date16 January 2013
CourtCourt of Appeal (Criminal Division)
Docket NumberNo: 2012/5837/A6

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4 cases
  • The Director of Public Prosecutions v Jane Distill
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 8 September 2017
    ...was held to be a "dwelling" even though it was for the time being unoccupied. In the light of the decisions of the Court of Appeal in R. v Flack [2013] EWCA Crim 115 and R. v Sticklen [2013] EWCA Crim 615, the question of whether a particular building was a "dwelling" for the purposes of th......
  • Hudson v Crown Prosecution Service
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 28 April 2017
    ...must be "inhabited". 14 Such limited authority as there is, supports the meaning of "dwelling" being a question of fact – not law. In R v Flack [2013] EWCA Crim 115; [2013] 2 Cr App R (S), in an appeal against sentence following a plea of guilty, the Court held that the question whether the......
  • Bruce Chipunza v R
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 23 April 2021
    ...think it likely that there have been very few such charges.9 The parties referred the judge to the decision of this court in R v Flack [2013] EWCA Crim 115; [2013] 2 Cr App R (S) 56. The defendant had pleaded guilty to burglary of a dwelling. Nonetheless it was his case that the building he......
  • Russell v The Crown Prosecution Service
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 19 June 2015
    ...(rather than an immediate destruction order) was considered and dealt with in some detail by the Court of Appeal Criminal Division in Regina v Flack [2013] EWCA Crim 115. 35 The judgment of the court was given by Silber J, and he set out in paragraph 11 of the judgment the relevant principl......

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