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Residence
Last updated: 08-Jul-2015

Per Lord Campbell CJ in R v Hammond, (1852) 17 Q. B. 772:

A man’s residence, where he lives with his family and sleeps at night, is always his place of abode, in the full sense of that expression.

Per Blackburn J in R v Mayor of Exeter; Wescomb’s case, (1868) 4 Q. B. 110 at p.113:

There is no strict or definite rule for ascertaining what is inhabitance or residence. The words have nearly the same meaning. Sleeping once or twice in a place would not constitute inhabitance. There is no precise line to be drawn. It is always, if the inhabiting is bond fide, a question of more or less. The question is whether there has been such a degree of inhabitance as to be in substance and in common sense a residence. When a person has a country and a town house, it is a mere question of fact whether he has two or only one residence.

Per Blackburn J in R v Mayor of Exeter; Dispitale’s case, (1868) 4 Q. B. 114 at pp.115-116:

A person may inhabit a place without sleeping there, or he may sleep there without inhabiting it. The fact that a person sleeps in a place is generally a very important ingredient in deciding whether he inhabits it, but it is not conclusive.


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