Marks-Vincenti v The Queen

(2015) 45 VR 313; [2015] VSCA 54

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Offences against property
3. › Burglary
4. › Aggravated burglary
5. › Entry as trespasser
6. › Whether person with qualified right of entry from lessee entered as trespasser
7. › Whether boarder or lodger has authority to revoke right of entry granted by lessee
8. › Crimes Act 1958 (Vic), ss 76, 77
1. Real Property
2. › Landlord and tenant
3. › Lodgers and boarders
4. › Exclusive possession
5. › Whether occupant paying rent to lessee is lodger or boarder
6. › Whether lodger or boarder has authority to exclude persons from premises
1. Real Property
2. › Co-tenancy
3. › Licence granted by one co-tenant
4. › Whether licence of non-exclusive possession can be unilaterally revoked by another co-tenant
5. › Conflict between authorities
1. Criminal Law
2. › Appeal
3. › Conviction appeal
4. › Misdirection
5. › Whether trial judge erred in directing jury that boarder could prohibit entry to premises
6. › New trial ordered on alternative basis

Quick Take

A person who is a lodger, boarder, or licensee without exclusive possession of residential premises cannot revoke a right of entry to those premises that has been granted by the lessee or person entitled to exclusive possession. This has direct implications for the framing of burglary and aggravated burglary charges in multi-occupant households. The question whether one co-tenant can unilaterally revoke a licence of non-exclusive possession granted by another co-tenant remains unresolved in Victoria.