The defendant climbed a ladder to an open window where the victim, a young woman, was sleeping naked in her bed. He climbed back down the ladder and stripped leaving only his socks on. When he climbed back up the woman awoke and saw him at the window. Thinking he was her boyfriend, she invited him in. It was not clear whether he was inside or outside of the window when she invited him in. They proceeded to have sexual intercourse, she realised something was wrong and when she realised it was not her boyfriend she screamed at him to get off. He was charged for burglary on the grounds that he entered as a trespasser with the intent to commit rape. The defendant appealed due to a misdirection as the jury had not been asked to consider whether he was a trespasser when he entered the property.