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R v Tosti [1997] Crim LR 746

Country:
United Kingdom
  • Defendants went to a barn to try an break in. In examining the padlock so as to see how to get in, they were disturbed and fled.

  • In the appeal against conviction, CA said that there were cases when acts could be seen as both preparatory AND part of the commission of the crime itself. This was such a case and therefore there was enough evidence for the charge to be left to he jury.

  • CA dismissed appeal. 

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