suspected burglary

[Guest]

I quick bit of advice is anyone can offer.
Although I am somewhat familar with the Theft Act and the Criminal Damage Act I need some help if anyone has experience.

If someone has been arrested on suspected burglary after being granted access by the lead tenant and given the key by said lead tenant to an previously shared apartment, can a conviction of burglary stand up? The problem being, the defendant damaged property (albeit his own property - with proof that it his his, in a rage over an argument over the phone). Nothing was stolen and no intent until the rage from an argument.

All damaged property was defendants own and the ex partner was not atthe property so no GBH etc.

Any thoughts?

[R0b]

I'm not sure a burglary offence could have been committed. To prove burglary, you have to show that the person entered to property as a trespasser, with the intention of stealing, causing unlawful damage or grievous bodily harm.

If said person was given a key to the property and granted access as you say, that would, unless there is evidence to the contrary, suggest that no trespass occurred and so a burglary offence could not have been committed.

There may be other offences that he could be charged with but I would be surprised, if the police pursued that line of argument knowing that the damaged property belonged to him and that he was given access to the property.

I'm tagging des8 for any further thoughts

[des8]

after being granted access by the lead tenant and given the key by said lead tenant to an previously shared apartment,

For the offence of burglary, trespass is required.
Trespass is the entry without authority; a person having permission to enter property for one time who in fact enters again may become a trespasser

It is not completely clear from your post if permission was granted for the existing property or an earlier property, or if due to changed circumstances (eg relationship breakdown?) that earlier permission was automatically revoked