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In BA v The King the High Court decided, by majority, that the offence of breaking and entering did not lie where a man kicked down a door and assaulted his former partner, because the man was still a co-tenant. The judgments show a profound difference in analytical frameworks, with the majority guided by property rights, and the minority guided by a concept of home. In light of criticism of the underdevelopment of the legal concept of home, this contemporary comment critically unpacks the legal decisions taken by the prosecution and judges through the proceedings culminating in BA v The King. The comment then considers recent progress and shortcomings in tenancy laws relating to the ending of co-tenant relationships and domestic and family violence in New South Wales and other Australian jurisdictions.
Chris Martin (Mon,) studied this question.