John Donogood Case Analysis

1052 Words 5 Pages
Based on the facts and circumstances surrounding the case, John Donogood can not be charged with First Degree Burglary. A comparison of the statute and the situation presented illustrates that not all elements of the crime are satisfied. As stated, Mr. Donogood broke and entered into Mrs. Smith’s garage without her consent and, therefore, elements (1), (2), and (3) are satisfied. However, because the garage was not attached to the house and it was not used for sleeping, it does not constitute a dwelling as defined by the statute; therefore, element (4) of the law is not satisfied. Additionally, no person was present inside the structure when the breaking and entering occurred and thus the “actually occupied” requirement is not met; for this …show more content…
A comparison of the statute and the situation presented illustrates that all elements of the crime are satisfied. As stated, Mr. Donogood broke and entered into Mrs. Smith’s house without her consent and, therefore, elements (1), (2), and (3) are satisfied. Although the door was unlocked, this still constitutes a breaking and entering under the statute. Although Mrs. Smith spent time away from the residence, her house is considered a “dwelling” since it contained her personal belongings and was used for sleeping; therefore, element (4) is satisfied. The dwelling was not legally possessed by Mr. Donogood which means that it belonged to another and, therefore, element (5) is satisfied. Additionally, Mrs. Smith was upstairs sleeping during the incident, which means that the dwelling was “actually occupied” and, therefore, element (6) is satisfied. Furthermore, Mr. Donogood committed the offense at night and, therefore, element (7) is satisfied. Finally, Mr. Donogood intended to commit larceny upon breaking and entering into the dwelling and, therefore, element (8) is satisfied. Consequently, because all the elements of the crime are satisfied, Mr. Donogood can be charged with First Degree …show more content…
Based on the facts and circumstances surrounding the case, John Donogood can not be charged with First Degree Burglary. A comparison of the statute and the situation presented illustrates that not all elements of the crime are satisfied. As stated, Mr. Donogood broke and entered into Mrs. Smith’s garage without her consent, therefore, elements (1), (2), and (3) are satisfied. However, because Mrs. Smith vacated the residence and had no intention of returning, the house is not considered a dwelling and, therefore, element (4) is not satisfied. Additionally, no person was present inside the structure when the breaking and entering occurred and thus the “actually occupied” requirement is not met; for this reason, element (6) is not satisfied. Although Mr. Donogood broke (element 1), and entered, (element 2) the structure of another (element 5), without their consent (element 3), at night (element 7), with the intent to commit a felony (element 8), his actions did not satisfy all the elements of the crime and, therefore, he may not be charged with First Degree Burglary. However, despite the fact that the building was not “actually occupied” and was not considered to be a dwelling, John Donogood may be charged with Second Degree

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