HC Deb 13 June 1834 vol 24 c434

On the Order of the Day being read for the third reading of this Bill,

The Attorney General

objected to the burglary Clause, which he considered would leave the law in a state of greater absurdity than at present. It was intended that no man should be punished with death unless he entered a house with his whole body, it being now sufficient, in order to constitute a burglary, that a pane of glass be broken. But the getters-up of burglaries, and the most guilty persons, aiding in the crime, if they abstained from entering the house, would escape capital punishment. It was well known, that the practice was, for those who planned the offence to induce boys to get inside, and thus the guilty would, if this clause were continued, escape the severer punishment. With every disposition to abate the severity of our law, he could not consent to this clause.

Mr. Bernal

admitted, that there were and must be, unavoidable anomalies in dealing with the law upon this subject; but he trusted, that the hon. and learned Gentleman would not press his objection to this clause.

Mr. Ewart

said, that, though the Bill might be open to some objections, yet upon the whole he thought there could be no doubt that the proposed alteration was preferable to the existing law.

The Bill was read a third time.

The Attorney General moved the omission of the Clause to which he objected, which was assented to, and the Bill passed.