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Z, the door-keeper of Y, is standing in Y's doorway. A commits house-trespass by entering the house,…

Section 330(2)(e) of the BNS makes house-trespass house-breaking when entrance is effected by criminal force, assault or threatening any person with assault. Illustration…

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Z, the door-keeper of Y, is standing in Y's doorway. A commits house-trespass by entering the house, having deterred Z from opposing him by threatening to beat him. Which statement is correct?

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Correct answer C

Section 330(2)(e) of the BNS makes house-trespass house-breaking when entrance is effected by criminal force, assault or threatening any person with assault. Illustration (h) to section 330 applies this to a threat against Y's door-keeper, so the answer is "This is house-breaking, as A got in by threatening a person with assault"; illustration (g) gives the same result where A knocks Z down in his own doorway. The person threatened need not be the occupier, the threat was used to enter and not merely to frighten, and nothing was taken, so there is no robbery.

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