Criminal law – Burglary. The Divisional Court, in dismissing the appellant's appeal by way of case stated, held that the judge had been entitled to hold that the appellant was guilty, under s 9(3)(a) of the Theft Act 1968, of burglary of a dwelling. The fact that tenants had moved out of a property and it was being used by a landlord as part of a commercial venture did not necessarily mean that the property stopped being a dwelling; that was a question of fact and degree for the tribunal of fact.