7805093
Description
Flashcards by Molly Hope, updated more than 1 year ago
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Created by Molly Hope
almost 8 years ago
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| Question | Answer |
| Burglary | Burglary is set out in S9 of the Theft Act 1968 |
| Burglary under S9 (1) (a) | A person commits burglary under S9(1)(a) if he enters a building, or any part of a building, as a trespasser, with intent to either: - steal anything in the building - Inflict GBH on any other person in the building - or doing any unlawful damage |
| Burglary under S9(1)(b) | A person commits an offence under S9(1)(b) if having entered a trespasser, he steals, attempts to steal anything in the building, or attempts to inflict GBH on any person in the building. The difference is that the intent must be formed at the time of entry whereas under the intent to commit the ulterior offence can come later. (b) does also not cover criminal damage. |
| Actus Reus | - Entry - As a trespasser - A building or part of a building |
| Entry | The defendant must make a substantial and effective entry as seen in the case of R v Collins. However, later cases suggest that it is no longer required: - R v Brown - R V Ryan |
| Building or part of a building | S9(4) states that inhabited vehicles and vessels are included even if not inhabited at that time of the offence, as seen in B & S v Leathley. Entering part of a building was considered in the case of R v Walkington |
| As a trespasser | This covers those who may have permission to be in the property but exceeded the permission by doing something they were not invited to do from the case of R v Jones & Smith |
| Mens Rea | - The defendant must know they are a trespasser or be reckless as to whether they are trespassing a seen in R v Collins. |
| S9(1)(a) | The defendant must intend theft, GBH or criminal damage at the point of entry. |
| S9(1)(b) | After entering the defendant must commit theft or GBH. |
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