ABSTRACT

What then of a victim who lives in a tent? On grounds of policy, it could be argued that the statement of Lord Bingham CJ, in Brewster, should apply equally to protect such a person. The problem with such a submission is that s 9(3) speaks of ‘a building or part of a building which is a dwelling’. Since it could be argued that a tent is not a building in the first place, it cannot be a dwelling, even though it is inhabited. On the other hand, the definition of dwelling in s 8 of the POA 1986 goes on to say that ‘for this purpose “structure” includes a tent, caravan, vehicle, vessel or other temporary or movable structure’.