Article 14, Paragraph 18- Aggravating Circumstances
That the crime be committed after an unlawful entry
Basis – has reference to the means and ways employed to commit the crime
- When an entrance is effected by a way not intended for that purpose
- A means to effect entrance and not for escape (People v Sunga)
- Example: The act of entering through the window, as not the proper means of entry to the house, constitutes unlawful entry.
- On who acts without respect to walls erected by men to guard their property and provide for personal safety, shows a greater perversity and audacity. Hence, the law punishes him with more severity
- It should be considered in rape committed through entry in a window or murder committed with entry of similar manner (the window is not intended for entrance into a building or dwelling)
- An entry through a broken door will be covered by paragraph 19
- It should be considered in robbery with violence or intimidation of
persons, unlawful entry being not inherent in that kind of particular robbery
- Dwelling and unlawful entry are to be taken separately in murders committed in a dwelling, there would be two aggravating circumstances (People v Barruga)
- In trespass to dwelling, unlawful entry is not aggravating.